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Party which initiates a court case

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Radio Law Talk
HR3 CONC: Illegal autopsies by Kansas man; Fat Leonard; Co-plaintiff in Bryant's case settles

Radio Law Talk

Play Episode Listen Later Sep 24, 2022 52:50


Visit: RadioLawTalk.com for information & full episodes! Follow us on Facebook: bit.ly/RLTFacebook Follow us on Twitter: bit.ly/RLTTwitter Follow us on Instagram: bit.ly/RLTInstagram Subscribe to our YouTube channel: www.youtube.com/channel/UC3Owf1BEB-klmtD_92-uqzg Your Radio Law Talk hosts are exceptional attorneys and love what they do! They take breaks from their day jobs and make time for Radio Law Talk so that the rest of the country can enjoy the law like they do. Follow Radio Law Talk on Youtube, Facebook, Twitter & Instagram!

Fight Laugh Feast USA
Daily News Brief for Friday, September 23rd, 2022 [Daily News Brief]

Fight Laugh Feast USA

Play Episode Listen Later Sep 23, 2022 10:36


FLF Conference Plug In the beginning was the Word, and the Word was with God, and the Word was God, and the Word didn’t stay in Heaven. The Word became flesh. The story of God’s grace became flesh and dwelt among us, and we beheld His glory. It is that Word, that truth, that story that will fill the world. That is why this year’s Fight Laugh Feast Conference in Knoxville Tennessee is on Lies, Propaganda, storytelling, and the serrated edge. The Word is a sword. The Word is our glory. So join us, October 6-8, as we fight, laugh, and feast, with beer & psalms, speakers including Pastor Doug Wilson, George Gilder, Ben Merkle, Jared Longshore, and Pastor Toby Sumpter, Chocolate Knox will be doing a round table with the Wilsons and Merkles on why stories are so potent for building family cultures that wine, all culminating in a live show with Megan Basham and Jason Whitlock talking Lies and Journalism. And we just announced a one day Saturday-only pass for 99$. Find out more and register or become a vendor at fightlaughfeast.com. This is Toby Sumpter, and today is Friday, September 16th, and this is your CrossPolitic Daily Newsbrief. https://www.wsj.com/articles/trumps-declassification-defense-draws-skepticism-from-judges-11663868282 Former President Donald Trump’s assertion that he declassified documents seized at Mar-a-Lago has come under judicial scrutiny this week, as judges highlighted the limits of that defense and noted a lack of courtroom evidence substantiating it. Mr. Trump has for weeks said he declassified materials taken to Mar-a-Lago, his home in Florida. In a Fox News interview that aired on Wednesday night, he said a sitting president doesn’t need to have a formal process for declassifying documents, and can carry out such an order “even by thinking about it.” Mr. Trump’s lawyers have been more circumspect in their courtroom statements. They have said declassification is a potential defense they may raise later on, once they have a better understanding of what was seized, but haven’t asserted that any specific documents were declassified. Even those lawyers’ carefully worded statements drew scrutiny this week, both from an appeals court and the court-appointed arbiter tasked with reviewing the approximately 11,000 documents seized at Mar-a-Lago. Senior U.S. District Judge Raymond Dearie, the semiretired jurist serving as special master, has pressed for specific evidence of a declassification order, telling Mr. Trump’s lawyers at a hearing this week: “You can’t have your cake and eat it.” And in a written order on Wednesday, the 11th U.S. Circuit Court of Appeals noted the lack of evidence at this point validating Mr. Trump’s declassification defense. “Plaintiff suggests that he may have declassified these documents when he was President,” the unanimous three-judge panel said. “But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents.” The three-judge panel, which included two Trump-appointed judges, also called the declassification argument a “red herring.” Even if Mr. Trump had declassified the documents, the appeals court said, that wouldn’t convert them from government records into his personal property or establish a reason for him to have retained them. Classical Conversations Classical Conversations supports homeschooling parents by cultivating the love of learning through a Christian worldview in fellowship with other families. They provide a classical Christ-centered curriculum, local like-minded communities across the United States and in several countries, and they train parents who are striving to be great classical educators in the home. For more information and to get connected, please visit their website at ClassicalConversations.com. Again that’s ClassicalConversations.com. https://nsa.edu/posts/liberal-arts-college-oppose-bidens-student-loan-relief Moscow, Idaho–New Saint Andrews College, one of only a handful of colleges across the US to refuse federal money, is taking a stand against the White House’s attempt to cancel federal student loans and is calling on more schools to speak out against Biden’s plan. “Redistributing federal student loan debt to taxpayers reinforces poor financial decisions, ruins the public’s trust in higher ed, exacerbates our current inflationary economy, penalizes colleges that decline to take federal funding, and prolongs higher education’s game of hide and seek with financial realities,” said Dr. Benjamin Merkle, president of the Idaho-based Christian liberal arts college. “I’ve been referring to this as our ‘Big Ed’ problem,” Dr. Merkle said. “I believe more and more parents and students have added higher ed to a growing list of other “big” businesses that abuse power to get easy money.” Dr. Merkle added that many political leaders on both sides of the aisle can see the road this is taking us down and how it drives higher ed to an even more precarious position than it's already in. Dr. Merkle gave three reasons why more colleges should oppose this new program. First, Biden’s plan doesn’t really cancel student loan debt. It just redistributes it to other taxpayers – many of whom did not attend college or have already paid back their debt. Adding more taxes to already over-taxed households to cover someone else’s bad debt is not equitable, fair, or right. Second, moving the debt from the students who signed up for the student loan payments in the first place to the taxpayers who didn’t will create a series of ripple effects that will be hard to reign in. Our nation’s young people will learn that loans don’t need to be paid back and taxpayers will grow more skeptical and bitter toward higher ed. Further, each successive generation will expect the federal government to bail them out of their higher ed debt. Third, the more that higher education participates in these federal loan programs the more it becomes dependent on federal handouts. If the federal government is the primary funder of postsecondary education in America, then colleges and universities are disincentivized to perform better or to offer improved services to their primary consumers: students and parents. Essentially, we are fostering yet another industrial-complex where American industry and the government are embroiled in a “too big to fail” mindset that fosters highly irresponsible financial behaviors. Meanwhile, colleges that decline to take federal funding must work even harder to compete for students against institutions that are artificially propped up by the government and where the true cost of education is obscured by a loan cancellation program. https://dailycaller.com/2022/09/21/josh-hawley-introduce-legislation-student-debt-make-universities-pay-act/ Republican Missouri Sen. Josh Hawley will introduce legislation Wednesday that puts colleges and universities on the hook for student debt. The bill was first obtained by the Daily Caller and is titled the Make the Universities Pay Act. The Legislation would require institutions of higher education participating in the Federal Direct Student Loan Program to pay 50% of any student loan balance that is in default. The Make the Universities Pay Act would also allow student loan debt to be discharged in bankruptcy and allow undergraduate student loan debt to be discharged five years after the first payment is due, while graduate student loan can be discharged 15 years after the first payment is due. In addition, the bill requires each institution of higher education participating in federal financial aid programs to publish post-graduate outcomes, including mean and median earnings of graduates and student loan default rates, disaggregated by each degree or program of study. The Biden administration is taking executive action to forgive $10,000 per borrower. The move would clear $321 billion of federal student loans and clear the student debt for almost 12 million people, according to CNBC. “For decades, universities have amassed billion-dollar endowments while teaching nonsense like men can get pregnant. All while charging extortionary tuition. Now Joe Biden wants to give away another $1 trillion to prop up the system. That’s wrong. Instead, it’s time to put universities on the hook and give students the information they need to make informed decisions,” Hawley told the Caller before introducing the legislation. Hawley plans on introducing the legislation later Wednesday afternoon. The Psalm of the Day: Psalm 115 https://open.spotify.com/track/2qvDdOEbYxRinuuarNVBCA?si=64917b6789fd4427 0:37-1:33 Amen! This is Toby Sumpter with CrossPolitic News. Remember you can always find the links to our news stories and these psalms at crosspolitic dot com – just click on the daily news brief and follow the links. Or find them on our App: just search “Fight Laugh Feast” in your favorite app store and never miss a show. We are now doing a daily show, with daily backstage content for Fight Laugh Feast Club Member. Join today and get access as well as a $100 discount at the Fight Laugh Feast conference in Knoxville, TN Oct. 6-8, and have a great day.

Daily News Brief
Daily News Brief for Friday, September 23rd, 2022

Daily News Brief

Play Episode Listen Later Sep 23, 2022 10:36


FLF Conference Plug In the beginning was the Word, and the Word was with God, and the Word was God, and the Word didn’t stay in Heaven. The Word became flesh. The story of God’s grace became flesh and dwelt among us, and we beheld His glory. It is that Word, that truth, that story that will fill the world. That is why this year’s Fight Laugh Feast Conference in Knoxville Tennessee is on Lies, Propaganda, storytelling, and the serrated edge. The Word is a sword. The Word is our glory. So join us, October 6-8, as we fight, laugh, and feast, with beer & psalms, speakers including Pastor Doug Wilson, George Gilder, Ben Merkle, Jared Longshore, and Pastor Toby Sumpter, Chocolate Knox will be doing a round table with the Wilsons and Merkles on why stories are so potent for building family cultures that wine, all culminating in a live show with Megan Basham and Jason Whitlock talking Lies and Journalism. And we just announced a one day Saturday-only pass for 99$. Find out more and register or become a vendor at fightlaughfeast.com. This is Toby Sumpter, and today is Friday, September 16th, and this is your CrossPolitic Daily Newsbrief. https://www.wsj.com/articles/trumps-declassification-defense-draws-skepticism-from-judges-11663868282 Former President Donald Trump’s assertion that he declassified documents seized at Mar-a-Lago has come under judicial scrutiny this week, as judges highlighted the limits of that defense and noted a lack of courtroom evidence substantiating it. Mr. Trump has for weeks said he declassified materials taken to Mar-a-Lago, his home in Florida. In a Fox News interview that aired on Wednesday night, he said a sitting president doesn’t need to have a formal process for declassifying documents, and can carry out such an order “even by thinking about it.” Mr. Trump’s lawyers have been more circumspect in their courtroom statements. They have said declassification is a potential defense they may raise later on, once they have a better understanding of what was seized, but haven’t asserted that any specific documents were declassified. Even those lawyers’ carefully worded statements drew scrutiny this week, both from an appeals court and the court-appointed arbiter tasked with reviewing the approximately 11,000 documents seized at Mar-a-Lago. Senior U.S. District Judge Raymond Dearie, the semiretired jurist serving as special master, has pressed for specific evidence of a declassification order, telling Mr. Trump’s lawyers at a hearing this week: “You can’t have your cake and eat it.” And in a written order on Wednesday, the 11th U.S. Circuit Court of Appeals noted the lack of evidence at this point validating Mr. Trump’s declassification defense. “Plaintiff suggests that he may have declassified these documents when he was President,” the unanimous three-judge panel said. “But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents.” The three-judge panel, which included two Trump-appointed judges, also called the declassification argument a “red herring.” Even if Mr. Trump had declassified the documents, the appeals court said, that wouldn’t convert them from government records into his personal property or establish a reason for him to have retained them. Classical Conversations Classical Conversations supports homeschooling parents by cultivating the love of learning through a Christian worldview in fellowship with other families. They provide a classical Christ-centered curriculum, local like-minded communities across the United States and in several countries, and they train parents who are striving to be great classical educators in the home. For more information and to get connected, please visit their website at ClassicalConversations.com. Again that’s ClassicalConversations.com. https://nsa.edu/posts/liberal-arts-college-oppose-bidens-student-loan-relief Moscow, Idaho–New Saint Andrews College, one of only a handful of colleges across the US to refuse federal money, is taking a stand against the White House’s attempt to cancel federal student loans and is calling on more schools to speak out against Biden’s plan. “Redistributing federal student loan debt to taxpayers reinforces poor financial decisions, ruins the public’s trust in higher ed, exacerbates our current inflationary economy, penalizes colleges that decline to take federal funding, and prolongs higher education’s game of hide and seek with financial realities,” said Dr. Benjamin Merkle, president of the Idaho-based Christian liberal arts college. “I’ve been referring to this as our ‘Big Ed’ problem,” Dr. Merkle said. “I believe more and more parents and students have added higher ed to a growing list of other “big” businesses that abuse power to get easy money.” Dr. Merkle added that many political leaders on both sides of the aisle can see the road this is taking us down and how it drives higher ed to an even more precarious position than it's already in. Dr. Merkle gave three reasons why more colleges should oppose this new program. First, Biden’s plan doesn’t really cancel student loan debt. It just redistributes it to other taxpayers – many of whom did not attend college or have already paid back their debt. Adding more taxes to already over-taxed households to cover someone else’s bad debt is not equitable, fair, or right. Second, moving the debt from the students who signed up for the student loan payments in the first place to the taxpayers who didn’t will create a series of ripple effects that will be hard to reign in. Our nation’s young people will learn that loans don’t need to be paid back and taxpayers will grow more skeptical and bitter toward higher ed. Further, each successive generation will expect the federal government to bail them out of their higher ed debt. Third, the more that higher education participates in these federal loan programs the more it becomes dependent on federal handouts. If the federal government is the primary funder of postsecondary education in America, then colleges and universities are disincentivized to perform better or to offer improved services to their primary consumers: students and parents. Essentially, we are fostering yet another industrial-complex where American industry and the government are embroiled in a “too big to fail” mindset that fosters highly irresponsible financial behaviors. Meanwhile, colleges that decline to take federal funding must work even harder to compete for students against institutions that are artificially propped up by the government and where the true cost of education is obscured by a loan cancellation program. https://dailycaller.com/2022/09/21/josh-hawley-introduce-legislation-student-debt-make-universities-pay-act/ Republican Missouri Sen. Josh Hawley will introduce legislation Wednesday that puts colleges and universities on the hook for student debt. The bill was first obtained by the Daily Caller and is titled the Make the Universities Pay Act. The Legislation would require institutions of higher education participating in the Federal Direct Student Loan Program to pay 50% of any student loan balance that is in default. The Make the Universities Pay Act would also allow student loan debt to be discharged in bankruptcy and allow undergraduate student loan debt to be discharged five years after the first payment is due, while graduate student loan can be discharged 15 years after the first payment is due. In addition, the bill requires each institution of higher education participating in federal financial aid programs to publish post-graduate outcomes, including mean and median earnings of graduates and student loan default rates, disaggregated by each degree or program of study. The Biden administration is taking executive action to forgive $10,000 per borrower. The move would clear $321 billion of federal student loans and clear the student debt for almost 12 million people, according to CNBC. “For decades, universities have amassed billion-dollar endowments while teaching nonsense like men can get pregnant. All while charging extortionary tuition. Now Joe Biden wants to give away another $1 trillion to prop up the system. That’s wrong. Instead, it’s time to put universities on the hook and give students the information they need to make informed decisions,” Hawley told the Caller before introducing the legislation. Hawley plans on introducing the legislation later Wednesday afternoon. The Psalm of the Day: Psalm 115 https://open.spotify.com/track/2qvDdOEbYxRinuuarNVBCA?si=64917b6789fd4427 0:37-1:33 Amen! This is Toby Sumpter with CrossPolitic News. Remember you can always find the links to our news stories and these psalms at crosspolitic dot com – just click on the daily news brief and follow the links. Or find them on our App: just search “Fight Laugh Feast” in your favorite app store and never miss a show. We are now doing a daily show, with daily backstage content for Fight Laugh Feast Club Member. Join today and get access as well as a $100 discount at the Fight Laugh Feast conference in Knoxville, TN Oct. 6-8, and have a great day.

CrossPolitic Studios
Daily News Brief for Friday, September 23rd, 2022 [Daily News Brief]

CrossPolitic Studios

Play Episode Listen Later Sep 23, 2022 10:36


FLF Conference Plug In the beginning was the Word, and the Word was with God, and the Word was God, and the Word didn’t stay in Heaven. The Word became flesh. The story of God’s grace became flesh and dwelt among us, and we beheld His glory. It is that Word, that truth, that story that will fill the world. That is why this year’s Fight Laugh Feast Conference in Knoxville Tennessee is on Lies, Propaganda, storytelling, and the serrated edge. The Word is a sword. The Word is our glory. So join us, October 6-8, as we fight, laugh, and feast, with beer & psalms, speakers including Pastor Doug Wilson, George Gilder, Ben Merkle, Jared Longshore, and Pastor Toby Sumpter, Chocolate Knox will be doing a round table with the Wilsons and Merkles on why stories are so potent for building family cultures that wine, all culminating in a live show with Megan Basham and Jason Whitlock talking Lies and Journalism. And we just announced a one day Saturday-only pass for 99$. Find out more and register or become a vendor at fightlaughfeast.com. This is Toby Sumpter, and today is Friday, September 16th, and this is your CrossPolitic Daily Newsbrief. https://www.wsj.com/articles/trumps-declassification-defense-draws-skepticism-from-judges-11663868282 Former President Donald Trump’s assertion that he declassified documents seized at Mar-a-Lago has come under judicial scrutiny this week, as judges highlighted the limits of that defense and noted a lack of courtroom evidence substantiating it. Mr. Trump has for weeks said he declassified materials taken to Mar-a-Lago, his home in Florida. In a Fox News interview that aired on Wednesday night, he said a sitting president doesn’t need to have a formal process for declassifying documents, and can carry out such an order “even by thinking about it.” Mr. Trump’s lawyers have been more circumspect in their courtroom statements. They have said declassification is a potential defense they may raise later on, once they have a better understanding of what was seized, but haven’t asserted that any specific documents were declassified. Even those lawyers’ carefully worded statements drew scrutiny this week, both from an appeals court and the court-appointed arbiter tasked with reviewing the approximately 11,000 documents seized at Mar-a-Lago. Senior U.S. District Judge Raymond Dearie, the semiretired jurist serving as special master, has pressed for specific evidence of a declassification order, telling Mr. Trump’s lawyers at a hearing this week: “You can’t have your cake and eat it.” And in a written order on Wednesday, the 11th U.S. Circuit Court of Appeals noted the lack of evidence at this point validating Mr. Trump’s declassification defense. “Plaintiff suggests that he may have declassified these documents when he was President,” the unanimous three-judge panel said. “But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents.” The three-judge panel, which included two Trump-appointed judges, also called the declassification argument a “red herring.” Even if Mr. Trump had declassified the documents, the appeals court said, that wouldn’t convert them from government records into his personal property or establish a reason for him to have retained them. Classical Conversations Classical Conversations supports homeschooling parents by cultivating the love of learning through a Christian worldview in fellowship with other families. They provide a classical Christ-centered curriculum, local like-minded communities across the United States and in several countries, and they train parents who are striving to be great classical educators in the home. For more information and to get connected, please visit their website at ClassicalConversations.com. Again that’s ClassicalConversations.com. https://nsa.edu/posts/liberal-arts-college-oppose-bidens-student-loan-relief Moscow, Idaho–New Saint Andrews College, one of only a handful of colleges across the US to refuse federal money, is taking a stand against the White House’s attempt to cancel federal student loans and is calling on more schools to speak out against Biden’s plan. “Redistributing federal student loan debt to taxpayers reinforces poor financial decisions, ruins the public’s trust in higher ed, exacerbates our current inflationary economy, penalizes colleges that decline to take federal funding, and prolongs higher education’s game of hide and seek with financial realities,” said Dr. Benjamin Merkle, president of the Idaho-based Christian liberal arts college. “I’ve been referring to this as our ‘Big Ed’ problem,” Dr. Merkle said. “I believe more and more parents and students have added higher ed to a growing list of other “big” businesses that abuse power to get easy money.” Dr. Merkle added that many political leaders on both sides of the aisle can see the road this is taking us down and how it drives higher ed to an even more precarious position than it's already in. Dr. Merkle gave three reasons why more colleges should oppose this new program. First, Biden’s plan doesn’t really cancel student loan debt. It just redistributes it to other taxpayers – many of whom did not attend college or have already paid back their debt. Adding more taxes to already over-taxed households to cover someone else’s bad debt is not equitable, fair, or right. Second, moving the debt from the students who signed up for the student loan payments in the first place to the taxpayers who didn’t will create a series of ripple effects that will be hard to reign in. Our nation’s young people will learn that loans don’t need to be paid back and taxpayers will grow more skeptical and bitter toward higher ed. Further, each successive generation will expect the federal government to bail them out of their higher ed debt. Third, the more that higher education participates in these federal loan programs the more it becomes dependent on federal handouts. If the federal government is the primary funder of postsecondary education in America, then colleges and universities are disincentivized to perform better or to offer improved services to their primary consumers: students and parents. Essentially, we are fostering yet another industrial-complex where American industry and the government are embroiled in a “too big to fail” mindset that fosters highly irresponsible financial behaviors. Meanwhile, colleges that decline to take federal funding must work even harder to compete for students against institutions that are artificially propped up by the government and where the true cost of education is obscured by a loan cancellation program. https://dailycaller.com/2022/09/21/josh-hawley-introduce-legislation-student-debt-make-universities-pay-act/ Republican Missouri Sen. Josh Hawley will introduce legislation Wednesday that puts colleges and universities on the hook for student debt. The bill was first obtained by the Daily Caller and is titled the Make the Universities Pay Act. The Legislation would require institutions of higher education participating in the Federal Direct Student Loan Program to pay 50% of any student loan balance that is in default. The Make the Universities Pay Act would also allow student loan debt to be discharged in bankruptcy and allow undergraduate student loan debt to be discharged five years after the first payment is due, while graduate student loan can be discharged 15 years after the first payment is due. In addition, the bill requires each institution of higher education participating in federal financial aid programs to publish post-graduate outcomes, including mean and median earnings of graduates and student loan default rates, disaggregated by each degree or program of study. The Biden administration is taking executive action to forgive $10,000 per borrower. The move would clear $321 billion of federal student loans and clear the student debt for almost 12 million people, according to CNBC. “For decades, universities have amassed billion-dollar endowments while teaching nonsense like men can get pregnant. All while charging extortionary tuition. Now Joe Biden wants to give away another $1 trillion to prop up the system. That’s wrong. Instead, it’s time to put universities on the hook and give students the information they need to make informed decisions,” Hawley told the Caller before introducing the legislation. Hawley plans on introducing the legislation later Wednesday afternoon. The Psalm of the Day: Psalm 115 https://open.spotify.com/track/2qvDdOEbYxRinuuarNVBCA?si=64917b6789fd4427 0:37-1:33 Amen! This is Toby Sumpter with CrossPolitic News. Remember you can always find the links to our news stories and these psalms at crosspolitic dot com – just click on the daily news brief and follow the links. Or find them on our App: just search “Fight Laugh Feast” in your favorite app store and never miss a show. We are now doing a daily show, with daily backstage content for Fight Laugh Feast Club Member. Join today and get access as well as a $100 discount at the Fight Laugh Feast conference in Knoxville, TN Oct. 6-8, and have a great day.

Law, disrupted
$450 Million Settlement for Data Breach: Data Breach Litigation Comes of Age

Law, disrupted

Play Episode Listen Later Sep 22, 2022 56:42


In this episode of Law, disrupted, John is joined by Norman (Norm) E. Siegel, partner at Stueve Siegel Hanson LLP in Kansas City, Missouri. He is the lead plaintiffs' counsel in the $450 million settlement of a data breach class action against T-Mobile. Norm has been involved in many high-profile data breach cases, and served as lead counsel in the three largest data breach settlements reached to date: cases against T-Mobile, Equifax, and Capital One. Together, these settlements totaled over $2 billion in cash and other relief. Norm was recently named by Law360 as a “Titan of the Plaintiff's Bar” for his work in class action litigation.The conversation begins by discussing how data breach litigation has evolved in the past 10 years. John asks about the type of claims that are typically asserted in these nationwide class actions. Norm explains that plaintiffs typically assert common law tort claims in these cases, especially negligence, breach of confidence and invasion of privacy. He adds that when the plaintiffs have an express contract with the defendant, such as when they have accounts with the defendant, they will often assert claims for breach of an express or implied contract that the defendant would keep the plaintiff's information confidential. John and Norm turn their focus to recent California legislation establishing statutory damages for data breaches in general, as well as for breaches involving medical information. Because both acts are relatively new, the case law interpreting them is still developing. John and Norm discuss the role that expert testimony, California Attorney General's Guidelines, and FTC recommendations play in determining what data security measures the defendant should have implemented in these cases.  They also discuss how to navigate the complexities of having both a nationwide class and a subclass of California plaintiffs who have recourse under these statutes in the same case.The conversation then moves to legislation in other states, as well as the prospects for federal legislation establishing uniform national standards regarding data security similar to the standards in Europe under the GDPR. John and Norm discuss recent attempts at such legislation and the obstacles that have prevented it from passing this far.They then discuss standing issues in data breach cases, and the key decisions, including Spokeo and TransUnion, that have recently clarified how standing may be established. They also discuss the issue of whether a defendant owes a duty to protect confidential information if it has no contract with a plaintiff and how that issue impacted the Equifax and Capital One cases.  John moves the conversation to the issues that discovery tends to focus on in data breach cases. Norm explains that defendants' discovery has evolved from focusing on the measures they took to guard data to deposing plaintiffs about what damage they did or did not suffer because of a data breach. Norm adds that the plaintiffs' discovery focuses primarily on their damages, but also on the defendant's history of previous security breaches.This leads to a discussion of damages theories and how they have evolved in the past five years. John and Norm discuss alternatives to just compensating for out-of-pocket losses, including damages for the lost benefit of the bargain in contract cases, unjust enrichment, the time and effort spent to repair the breach, and nominal damages. They also explore the benefits to the plaintiff class of requiring the defendant to take specific measures to prevent future security breaches and to help plaintiffs to protect themselves when breaches occur.Finally, John and Norm discuss the settlement process, including how to allocate settlement amounts among the plaintiffs and the process to get a successful settlement for both sides. Norm believes that settlements result from always putting out high-qualit

Whose Body Is It
52. Defamation, DARVO, and What Happens When Men Are Welcomed into Women's Spaces with Kate Rose

Whose Body Is It

Play Episode Listen Later Sep 22, 2022 65:15


*Any views, thoughts, and opinions expressed by the guest are solely that of the guest and do not reflect the views, opinions, policies, or position of Isabella Malbin or Whose Body Is It, LLC. * Today I speak with my friend Kate Rose, who has been involved in a defamation lawsuit for the past 4 years. Weeks away from trial, Kate is ready to break her silence about the Plaintiff in the case, Danny Gallagher. Kate's story begins in 2017, when she was a self-described “liberal-baby doula” and joined numerous online forums to grow her birth work business. Shortly thereafter, Danny Gallagher joined multiple birth-focused groups, too. Armed with a tragic story, he gained sympathy in these otherwise women-only spaces. Soon though, he was dominating the groups with posts and advice, advertising opportunities to make as much as $5k per month with hardly any effort. Kate reached out, but soon found out the “big opportunity” was porn. Before long, it became clear Danny's recruitment efforts were not limited to Kate, and he was booted from multiple doula and mother's facebook groups. When women tried to share information about Gallagher's actions, he retaliated. Gallagher has since sued over 20 women, mostly low-income birth workers and mothers, claiming $5 million in damages apiece for defamation. Kate explains why defamation cases are the perfect way to maintain contact with victims of abuse and prevent them from speaking out. We get into DARVO (Deny, Attack, Reverse Victim and Offender) tactics and how individuals can exploit the legal system to tie women up in prolonged court cases. Help Kate get to Hawaii for the trial and pay for legal counsel: https://rosemotherhood.com/fundraiser Follow Kate on Instagram: https://www.instagram.com/rosemotherhood/ ➢➢➢ SUPPORT THE PODCAST | https://www.paypal.com/paypalme/whosebodyisit?locale.x=en_US 1:1 COACHING SOVEREIGN WOMEN | https://www.whosebodyisit.com/coaching-for-sovereign-women HYPNOSIS FOR HEALING & RADICAL CHANGE | https://www.whosebodyisit.com/hypnosis SHOP ACTIVIST STICKERS | https://www.whosebodyisit.com/shop INSTAGRAM | https://www.instagram.com/whosebodyisit/

POLITICO Playbook Audio Briefing
Sep. 22, 2022: Trump vs. James, appeals panel rejects Cannon ruling

POLITICO Playbook Audio Briefing

Play Episode Listen Later Sep 22, 2022 5:38


The two big stories in Trump World: 1. In a Wednesday night ruling, a three-judge federal appeals panel sided with the Justice Department, blocking “aspects of … Judge Aileen Cannon's ruling that delayed a criminal investigation into highly sensitive documents seized from former President Donald Trump's Mar-a-Lago estate,” write Kyle Cheney and Josh Gerstein. Two of the three judges were Trump appointees. Their decision was unanimous. And it was unsparing. From the ruling: “Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. … In any event, at least for these purposes, the declassification argument is a red herring.” Read the 29-page decision Meanwhile, here's Trump on Fox News' “Hannity” on Wednesday night: “If you're president of the United States, you can declassify … even by thinking about it.” Video 2. New York AG Tish James filed suit against Trump and his three oldest children, alleging a yearslong campaign of deception and large-scale fraud. Her office is seeking to recover about $250 million that it says they netted from the scheme. The juiciest takeaways, via Josh and Kyle … The James-Trump backstory, by Erin Durkin … Forbes' Dan Alexander: “Exclusive Recording, Documents Bolster Trump Fraud Lawsuit” Subscribe to the POLITICO Playbook newsletter Raghu Manavalan is the Host of POLITICO's Playbook Daily Briefing. Jenny Ament is the Executive Producer of POLITICO Audio.

Business Drive
Seven Million Nigerians Sue INEC Over Failure To Allow Them Complete Voter Registration

Business Drive

Play Episode Listen Later Sep 21, 2022 1:02


Twenty-four Nigerians have filed a lawsuit against the Independent National Electoral Commission for failing to give them and the other seven million Nigerians adequate time and opportunity to complete their voter registration after they have carried out their registration online. The Plaintiffs are seeking an order of mandamus to direct and compel INEC to re-activate its continuous voter's registration exercise to allow the Plaintiffs to complete their registration and collect their Permanent Voters' Cards. The Plaintiffs are also seeking an order of mandamus to direct and compel INEC to provide adequate facilities and deploy personnel to the registration units of the Plaintiffs to enable them complete their registration and collect their PVCs.

Comfort on SermonAudio
The Plaintiff Prosecuting the Persecutors

Comfort on SermonAudio

Play Episode Listen Later Sep 19, 2022 30:00


A new MP3 sermon from Falls Church is now available on SermonAudio with the following details: Title: The Plaintiff Prosecuting the Persecutors Subtitle: The Gospel of John Speaker: Tony Domanik Broadcaster: Falls Church Event: Sunday - PM Date: 9/18/2022 Bible: John 5:45-47 Length: 30 min.

Falls Church
The Plaintiff Prosecuting the Persecutors

Falls Church

Play Episode Listen Later Sep 19, 2022 30:00


Jesus' final words to his accusers reveal that they are the ones who are actually being accused of their neglect of the Law that they are supposed to properly follow.-1. The Accusation-2. The Writings-3. The Verdict

Stay Tuned with Preet
CAFE Insider 9/13: Subpoenas and Special Masters

Stay Tuned with Preet

Play Episode Listen Later Sep 13, 2022 13:13 Very Popular


In this sample from the CAFE Insider podcast, Preet Bharara and Joyce Vance discuss the briefs submitted by the Department of Justice and Trump's lawyers addressing the potential appointment of a special master to review the documents seized during the FBI's search of Mar-a-Lago. In the full episode, Preet and Joyce discuss: – The New York Times report that DOJ has subpoenaed about 40 former Trump aides and seized the phones of two top Trump advisors; – The respective recommendations of DOJ and Trump's legal team for who should be appointed special master in the Mar-a-Lago matter. Stay informed. For analysis of the most important legal and political issues of our time, try the membership for one month for $1.00: www.cafe.com/insider. You'll get access to full episodes of the podcast, and other exclusive benefits. This podcast is brought to you by CAFE Studios and Vox Media Podcast Network.  Tamara Sepper – Executive Producer; Jake Kaplan – Editorial Producer; David Tatasciore – Audio Producer REFERENCES & SUPPLEMENTAL MATERIALS:  Donald J. Trump v. United States of America, United States' Notice Respecting the Court's Appointment of a Special Master, United States District Court of Florida, 9/12/22 Donald J. Trump v. United States of America, Plaintiff's Supplemental Reading Regarding Special Master Nominations, United States District Court of Florida, 9/12/22 Donald J. Trump v. United States of America, Judge Cannon's Order, United States District Court of Florida, 9/5/22 Donald J. Trump v. United States of America, United States' Motion for a Partial Stay Pending Appeal, United States District Court of Florida, 9/8/22 Learn more about your ad choices. Visit podcastchoices.com/adchoices

Lexman Artificial
Rob Reid on the current state of draffing

Lexman Artificial

Play Episode Listen Later Sep 13, 2022 3:31


In this episode of Lexman Artificial, the AI interviews Rob Reid about the latest in draffing news. From scandal to lawsuits, Lexman takes listeners step-by-step through the latest happenings in the world of draffing.

Listen To This Bull LIVE!
Remington's Story and the Plight of Property Plaintiff Attorneys

Listen To This Bull LIVE!

Play Episode Listen Later Sep 13, 2022 68:46


What does it take to become a property plaintiff attorney? What are the biggest problems they deal with? What does this have to do with you? Find out tonight on L2TB LIVE! at 6pm.LISTEN TO THIS BULL is available on your favorite streaming platform!:▻Apple Podcasts: shorturl.at/bkuP7▻Spotify: shorturl.at/bpEMU▻Google Podcasts: shorturl.at/yAJY5▻Amazon Music: shorturl.at/rxBX9More “Listen to this Bull! LIVE” Public Adjuster Podcasts at ibit.ly/SYhO

StateImpact Oklahoma Report
Plaintiff: challenging Oklahoma's transgender bathroom ban 'just the right thing to do'

StateImpact Oklahoma Report

Play Episode Listen Later Sep 9, 2022 4:00


Three Oklahoma students are https://drive.google.com/file/d/17r_BojenWkGu6bOKIYAm5fiMLh1xPKnd/view?usp=sharing (suing the state) over its law that bars transgender students from using the bathroom corresponding with their gender identity. Andy Bridge is the lead plaintiff. The suit argues http://www.oklegislature.gov/BillInfo.aspx?Bill=SB615&Session=2200 (Senate Bill 615) is unconstitutional and should be overturned. Bridge and his parents, Aysha Prather and Eli Bridge, sat down with StateImpact Oklahoma reporter Robby Korth to share why they think it was an important step to take.

Zalma on Insurance
UNIMELY SUIT DISMISSED

Zalma on Insurance

Play Episode Listen Later Sep 9, 2022 10:28


Judgment in Favor of Insurer Because of Plaintiff's Sloth Read the full article at https://lnkd.in/gVRkNvR2 and see the full video at https://lnkd.in/gfgqe9nM and at https://lnkd.in/gmGuUhXs and at https://zalma.com/blog plus more than 4300 posts. Judgment in Favor of Insurer Because of Plaintiff's Sloth See the full video at https://rumble.com/v1j7gb7-untimely-suit-dismissed.html and at Michelle J. Pollard, appealed from the summary judgment rendered by the trial court in favor of the defendant, Geico General Insurance Company, on the plaintiffs complaint seeking to recover underinsured motorist benefits. On appeal, the plaintiff claimed that the court improperly determined that the accidental failure of suit statute, General Statutes § 52-592 (a), did not apply to revive her otherwise time barred action. In Michelle J. Pollard v. Geico General Insurance Company, No. AC 44560, Court of Appeals of Connecticut (September 6, 2022) the defendant argued that judgment was appropriately rendered and asserted, as an alternative ground contended that the plaintiff's action was barred because she failed under the terms of the parties' insurance policy to commence suit timely or to invoke the policy's tolling provision. --- Support this podcast: https://anchor.fm/barry-zalma/support

Zalma on Insurance
Still no Direct Physical Damage by Covid

Zalma on Insurance

Play Episode Listen Later Sep 8, 2022 13:10


Apple Annie Suffered no Direct Physical Damage It's Time to Quit Trying to Get Business Interruption Payments from Insurers for Covid The COVID pandemic and ensuing lock down have generated a host of legal issues. One of the most momentous, in terms of the potential monetary liability, is whether businesses ordered by government decree to close or suspend operations could get compensation under the business income coverage of the standard comprehensive commercial liability policy. In Apple Annie, LLC v. Oregon Mutual Insurance Company, A163300, California Court of Appeals, First District, Second Division (September 2, 2022) the California Court of Appeal refused to be swayed by the Marina Pacific decision. BACKGROUND Apple Annie, LLC, operated restaurants in Marin, San Francisco, and Santa Barbara counties. Defendant Oregon Mutual Insurance Company issued Apple Annie a comprehensive commercial liability and property insurance policy that, as relevant here, promised in general to "pay for direct physical loss of or damage to Covered Property at the [insured] premises," and in particular to "pay for the actual loss of Business Income you sustain due to the necessary suspension of your 'operations' during the 'period of restoration. The suspension must be caused by direct physical loss of or damage to property at the described premises. The loss or damage must be caused by or result from a Covered Cause of Loss." DISCUSSION After a comprehensive survey of the subject, the court concluded that a business that closed pursuant to a government shut-down order had not suffered "direct physical . . . damage to" the business's property. This was a matter of plain English: The presence of COVID-19 on Plaintiff's property did not cause damage to the property necessitating rehabilitation or restoration efforts similar to those required to abate asbestos or remove poisonous fumes which permeate property. Instead, all that is required for Plaintiff to return to full working order is for the [government orders and restrictions to be lifted. By contrast, the losses here arose from closures intended to limit the spread of a virus that can carry great risk to people but no risk at all to a physical structure. --- Support this podcast: https://anchor.fm/barry-zalma/support

Early Edition with Kate Hawkesby
Anna Burns-Francis: US correspondent as Judge grants Trump bid for special master in document search

Early Edition with Kate Hawkesby

Play Episode Listen Later Sep 6, 2022 2:10


In a legal victory for former President Donald Trump, a federal judge on Monday granted his request for a special master to review documents seized by the FBI from his Florida home and temporarily halted the Justice Department's use of the records for investigative purposes. The decision by U.S. District Judge Aileen Cannon authorizes an outside legal expert to review the records taken during the Aug. 8 search and to weed out from the rest of the investigation any that might be protected by claims of attorney-client privilege or executive privilege. Some of those records may ultimately be returned to Trump, but the judge put off a ruling on that question. The order came despite the strenuous objections of the Justice Department, which said a special master was not necessary in part because officials had already completed their review of potentially privileged documents. The department said Monday that it was reviewing the decision but did not indicate if and when it might appeal. The order almost certainly slows the pace of the department's investigation into the presence of top-secret information at Mar-a-Lago, particularly given the judge's directive that the Justice Department may not for the moment use any of the seized materials as part of its investigation into the storage of government secrets at the Florida property. The injunction is in place until the yet-to-be-named special master completes his or her work, or until "further court order." "The Court is mindful that restraints on criminal prosecutions are disfavored, but finds that these unprecedented circumstances call for a brief pause to allow for neutral, third-party review to ensure a just process with adequate safeguards," Cannon, a Trump appointee, wrote in her 24-page order. Even so, it is not clear that the decision will present a long-term impediment to the investigation's progress or significantly affect investigative decisions or the ultimate outcome of the probe. And a separate assessment by the U.S. intelligence community of the risk posed by the apparent mishandling of classified records will continue under the judge's order. "While this is a victory for the former President, it is by no means an overwhelming win for him," David Weinstein, a Florida criminal defense lawyer and former Justice Department prosecutor, said in an email. "While it is a setback for the government, it is also not a devastating loss for them." He noted, for instance, that the judge did not immediately order the seized documents returned to Trump or suppress any of the evidence. Justice Department spokesman Anthony Coley said Monday that "the United States is examining the opinion and will consider appropriate next steps in the ongoing litigation." A lawyer for Trump did not respond to a request for comment. The department and Trump's lawyers are to submit by Friday a list of proposed special master candidates. FBI agents in August seized roughly 11,000 documents and 1,800 other items from Mar-a-Lago as part of a criminal investigation into the retention of national defense information there, as well as into efforts to obstruct the probe. About 100 of the documents contained classification markings. Trump's lawyers had argued that a special master, usually an outside lawyer or former judge, was necessary to ensure an independent review of records taken during the search and so that any personal information or documents could be filtered out and returned to Trump. In this case, the seized records "include medical documents, correspondence related to taxes, and accounting information," the judge's order said. Cannon said it was too soon to know whether Trump will be entitled to the return of any of the records, but "for now, the circumstances surrounding the seizure in this case and the associated need for adequate procedural safeguards are sufficiently compelling to at least get Plaintiff past the courthouse doors." She also said she found persuasive his lawyers' arguments that he faced potentially "irreparable injury" by being denied access to records that might be of significant personal interest to him. She said the investigative process had, so far, been "closed off" to him. "As a function of Plaintiff's former position as President of the United States, the stigma associated with the subject seizure is in a league of its own," Cannon wrote. "A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude." The Justice Department had argued against the appointment, saying it was unnecessary because it had already reviewed potentially privileged documents and identified a limited subset that could be covered by attorney-client privilege. The department had been using a separate "privilege review team" for that work, but Cannon cited at least two instances in which members of the investigative team were "exposed" to potentially privileged material, something she said raised questions about the adequacy of the process. The department had also said Trump was not entitled to the return of any of the presidential records that were taken since he is no longer president and the documents therefore do not belong to him. And personal items that were recovered were commingled with classified information, giving them potential evidentiary value, the department said. Though prosecutors had argued that Trump, as a former president, had no legal basis to assert executive privilege over the documents, the judge said he was entitled to raise it as a concern and permitted the special master to look for records that might be covered by that privilege. "The major sticking point, I think, is that the executive privilege documents were included" in the judge's decision, said Florida criminal defense lawyer Richard Serafini, a former Justice Department prosecutor. Cannon, who was nominated by Trump in 2020, had signaled last month that she was inclined to appoint a special master and did so again during arguments last week, asking at one point, "Ultimately, what is the harm in the appointment of a special master to sort through these issues without creating undue delay?" - ERIC TUCKER Associated PressSee omnystudio.com/listener for privacy information.

The Alan Sanders Show
Dangers of magic-thinking in politicians and a Special Master granted

The Alan Sanders Show

Play Episode Listen Later Sep 6, 2022 38:57


Today's show opens with a review of term I use often when dealing with Leftists – magic-thinking. It goes hand-in-hand with another phrase I often use to describe the juvenile thinking and behaviors in the current regime. While magic-thinking is great for actors and for young children who engage in make-believe, it is dangerous when embodied by those in government. A politician suffering from and over-abundance of magic-thinking, often uses the power of their position to force that thinking onto us. A great example of this can be illustrated with Governor Gavin Newsome's recent decree that no gasoline powered vehicle will be sold in California beginning in 2035. Energy Secretary Jennifer Granholm thinks it's a great idea and that California is leading the way for the rest of the world. But, only days after making the decree, the same state of California is now worried it lacks the electrical infrastructure to manage a heat wave and have begged residents NOT to charge their electric vehicles during peak hours. This is what happens when you let people exert their magic-thinking over the lives of those who elected them. The technology is not there to handle the needs already, but magic-thinking tells them it will all work out – magically. Another example of this can be seen in a recent exchange between White House correspondent Peter Doocy and Press Secretary Karine Jean-Pierre. It seems Karine did not accept the 2016 presidential election nor Governor Brian Kemp's (R-GA) election against Stacy Abrams. The White House has said not accepting election results is an example of an extremist position that is dangerous to our democracy. When asked what is different about today versus then, she simply said the comparison was “ridiculous.” That's right, ladies and gentlemen, there is no need to answer the question or strive for any consistency. All that matters is when they do something it's considered righteous, but if the opposition does the same it's considered a threat to our democracy. That's what happens with magic-thinking. Now, I have to get into Judge Aileen Cannon's order, released yesterday, granting Donald Trump's request for a special master to review everything seized in the FBI raid on Mar-a-Lago. I spend time breaking down pertinent parts of the judges order and it seems, at least for now, damning for the Biden DOJ and is in support of the Plaintiff, Donald Trump. The most devastating finding in the Judge's order comes at the closing when she said, “the risk that the [Biden DOJ's] filter review process will not adequately safeguard [Trump's] privileged and personal materials in terms of exposure to either the Investigative Team or the media – Plaintiff has sufficiently established irreparable injury.” In other words, the selective leaks, the changing narrative, the lies and the obfuscation are so one-sided already, that it may not be possible for Donald Trump to ever recover from those injuries brought to bear on him or his character as a result of the Biden DOJ. What we had all better come to terms with and quickly, is the knowledge that once an unprecedented action has been allowed to take place, it now establishes precedent. In so doing, it is only a matter of time before the tables are turned and today's opposition party decides they can do the same thing to their opponent. Is that really the America in which we want to live? Take a moment to rate and review the show and then share the episode on social media. You can find me on Facebook, Twitter, Instagram, GETTR and TRUTH Social by searching for The Alan Sanders Show. You can also support the show by visiting my Patreon page!

Zalma on Insurance
When Insured Withdraws Claim No Need to Sue for Declaratory

Zalma on Insurance

Play Episode Listen Later Sep 6, 2022 11:23


When You Win it is Best to Shut Up and Accept It As a young lawyer one of the first things I learned was never argue with a judge whose tentative ruling is to grant your motion. Insurers often seek, when there is a dispute of insurance coverage, declaratory relief from the court about its duty to defend or indemnify the insured. However, when there is no claim, it is a waste of the time of counsel, the insured and the courts to bring a declaratory relief action. The axiom to never argue over a win was explained by the USDC for the Eastern District of Virginia, in Hanover Insurance Company, et al. v. C. David Venture Management, LLC, et al., Civil Action No. 1:21-cv-790 (RDA/JFA), United States District Court, E.D. Virginia, Alexandria Division (August 30, 2022). Hanover sought a ruling it owed neither defense nor indemnity to the defendants. The defendants, David Venture Management, LLC and Venture Street, LLC's (“Defendants”) moved to dismiss The Hanover American Insurance Company's (“Plaintiffs” or “Hanover”) suit. BACKGROUND The lawsuit for Declaratory Judgment implicates Hanover's potential duties to defend or indemnify Defendants in a putative class action brought in the U.S. District Court for the District of Colorado. Beginning on December 9, 2017, Hanover issued the first of several Commercial General Liability (“CGL”) policies to CDVM. Hanover also issued Commercial Follow Form Excess and Umbrella Policies (“Excess/Umbrella Policy”) for the same effective dates. Defendant Venture Street was added as an additional named insured on the CGL and Excess/Umbrella Policy effective May 29, 2019. --- Support this podcast: https://anchor.fm/barry-zalma/support

The Litigation Psychology Podcast
The Litigation Psychology Podcast - Episode 132 - Lessons Learned from Successful Plaintiff Attorneys

The Litigation Psychology Podcast

Play Episode Listen Later Sep 5, 2022 24:41


Dr. Bill Kanasky, Jr. shares his experience working with plaintiff attorneys on cases. Bill works on the plaintiff's side when a corporation, which is typically the defendant, is the plaintiff and engages Courtroom Sciences for litigation consulting. This type of work has led to some very specific learnings about how plaintiff attorneys in commercial litigation operate and behave. Four key characteristics of successful plaintiff attorneys: 1) their desire to win is unmatched and often higher than the defense side; 2) they actively and consistently use focus groups and mock trials, and in particular, employ the test/retest methodology to tweak and adjust their case to improve it, leading to much higher accuracy and confidence; 3) they conduct their jury research as early as possible in the timeline of the case, allowing it to help them guide their discovery when it comes to case themes, case facts, witnesses, etc.;   4) they are very open to, and actively solicit, constructive criticism and feedback from consultants in order to help make them better attorneys. Watch the video of this episode: https://www.courtroomsciences.com/r/G4a

Day 11 Game of Thrones
10 Day 4 Depp v Heard, Debbie Lloyd, David Kipper 2 of 2

Day 11 Game of Thrones

Play Episode Listen Later Sep 5, 2022 33:24


10 Day 4 Depp v Heard, Debbie Lloyd, David Kipper 2 of 2:  time used by the Defendant, Amber Heard - 26 min.time used by the Plaintiff, Johnny Depp - 7 min. 

Day 11 Game of Thrones
09 Day 4 Depp v Heard, Debbie Lloyd, David Kipper 1 of 2

Day 11 Game of Thrones

Play Episode Listen Later Sep 4, 2022 36:07


09 Day 4 Depp v Heard, Debbie Lloyd, David Kipper 1 of 2:  time used by the Defendant, Amber Heard - 11 min.  time used by the Plaintiff, Johnny Depp - 22 min. 

The Effective Lawyer
Determining The Value Of A Case

The Effective Lawyer

Play Episode Listen Later Aug 31, 2022 25:48


Today CMO Kevin Tully is joined by CEO and Founding partner of Zinda Law Group, Jack Zinda. They chat about the ins and outs of determining the value of a case.  Discussed in this Episode: -       Who's my client?-       Always start with the end in mind-       What sources of information do I have?-       Focus groups & Round Tables-       Is this case a big deal?-       What happens when your client is partially at fault? Who's My Client?  Before you can estimate the value of the case, there are a few questions you must ask yourself. Who's my client? What have they gone through? What has the defendant done that could make a jury want to hold them accountable for their actions?  Always Start with The End In Mind Draft a jury charge with a list of elements of damages you must approve. Even things like impairment, disfigurement and a number of physical things can be factored into the final number. That being said, using medical bills as a means to justify the dollar amount can result in a much less successful outcome. What Sources of Information Do I Have? Look at other cases in your county or region with similar facts and see what the verdicts or outcomes were. There may be examples that show similar behavior by the defendant and similar injuries to the plaintiff. Using services like TrialSmith and VerdictSearch can provide helpful information to value your case.  Focus Groups & Round Tables Focus groups can be a great way to value a case if you're careful. Hiring a 3rd party to conduct the focus group is more expensive, but will deliver a  more accurate and less biased result. Setting up a round table where each lawyer brings a few cases can be a very effective way to broaden your knowledge about your case and is a win-win for everyone involved. Is This Case a Big Deal? Does this case really matter to the plaintiff? Even something as small as missing a child's birthday due to an accident can be a huge deal to the client. Their desire for justice drives the heart of the case. After the number has been decided and an initial offer has been made, it's really up to the client to determine if they feel that they are being fairly compensated or if it's worth sending to trial. What Happens When Your Client is Partially at Fault? Determining the percentage of how at fault the client is can also be a factor in the case. In some circumstances even if the client was the one who violated a law or broke the rule, a “rules of the road” type of approach may be worth approaching. I.E. was the client forced to make an evasive action due to the negligence of the defendant.   You can reach Jack at: jack@zindalaw.com512-246-2224 -        TrialSmith-        VerdictSearch

The Conversation
The Conversation: Red Hill lawsuit adds plaintiffs; Long-running Hawaiian music radio show finds home online

The Conversation

Play Episode Listen Later Aug 30, 2022 50:57


A citizen group's lawsuit against the Navy over Red Hill adds new plaintiffs; Hawaiʻi's long history as a youth baseball powerhouse; Local musicians come together to honor the late radio host Harry B. Soria

Law&Crime Sidebar
Attorney for Plaintiff in ‘Jackass' Brain Damage Lawsuit Speaks Out

Law&Crime Sidebar

Play Episode Listen Later Aug 29, 2022 25:18


Jesse Weber sits down with John M. Phillips, the attorney representing the man suing Jackass stars Steve-O and Chris Pontius for millions over a stunt gone horribly wrong.GUESTS:John M. Phillips: https://twitter.com/JohnPhillipsLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokePodcasting - Sam GoldbergVideo Editing - Michael DeiningerGuest Booking - Alyssa FisherSocial Media Management - Kiera BronsonSUBSCRIBE TO OUR OTHER PODCASTS:Court JunkieObjectionsThey Walk Among AmericaCoptales and CocktailsThe Disturbing TruthSpeaking FreelyLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

John and Ken on Demand
John & Ken Show Hour 2 (08/24)

John and Ken on Demand

Play Episode Listen Later Aug 25, 2022 31:56


Jurors in Kobe Bryant's crash photo civil trial asked to award Vanessa Bryant and Plaintiffs $75 million in damages. L.A. Times publishes article about California's largest racial discrimination cases where Latino workers are accused of abusing their Black colleagues. California's proposed fast-food bill is receiving push back from small business owners. A new study shows that watching the news can make you mentally and physically ill.

The LA Report
Jurors award Kobe Bryant crash photo plaintiffs $31M – The A.M. Edition

The LA Report

Play Episode Listen Later Aug 25, 2022 7:47


Good morning! Here's what we're following today: Jurors make decision in Vanessa Bryant case Street safety initiatives on the ballot in 2024 LA Metro not ready for pre-pandemic levels Planned freeway closure in Corona put off indefinitely What Biden's student loan plan might mean for narrowing the racial wealth gap Newsom announces $209M for Project Home Key This program is made possible in part by the Corporation for Public Broadcasting, a private corporation funded by the American people.  Support the show: https://laist.com

CNN Breaking News Alerts
8:40 PM ET: Plaintiffs awarded $31 mil in Kobe Bryant photos case

CNN Breaking News Alerts

Play Episode Listen Later Aug 25, 2022 0:33


Jury awards plaintiffs $31 million in lawsuit over photos taken at crash site where Kobe and Gianna Bryant, her teammates and their parents died. Listen for more details.To learn more about how CNN protects listener privacy, visit cnn.com/privacy

Financially Legal
44. How do creativity and financial analytics blend to grow a contingency law firm? An interview with Lynn Bradley from The Potts Law Firm

Financially Legal

Play Episode Listen Later Aug 24, 2022 60:01


Plaintiffs' lawyers are often bold, brash, larger-than-life characters with billboards, regular TV ads, and ambition to match. But they're also visionary creatives. They excel at building something from nothing and carving out a new and unique path for legal professionals - often where no path existed before. But that creativity needs to be leavened with stability and more strategic thinking.  That's where folks like Lynn Bradley, CFO at The Potts Law firm, come in. In this, our third of a series of interviews with law firm CFOs, we talked with Lynn about the role of a CFO in any law firm, but particularly a bold, fast-growing contingency law firm. We talked about how his role as CFO has transformed from forecasting to analytics, the team that he runs, and how in his estimation it's not tech but people that will ultimately help the firm continue to grow and thrive. We also discuss work/life balance and Lynn shares some human insights on the stresses and challenges that plaintiffs attorneys in particular but all attorneys in general face in trying to find success for their clients. If you're curious about where creativity and entrepreneurship intersect with stability and financial infrastructure, this episode is for you.

Money Rehab with Nicole Lapin
Megan Thee Plaintiff

Money Rehab with Nicole Lapin

Play Episode Listen Later Aug 24, 2022 12:34


Hot Girl Lawsuit? Megan Thee Stallion is seeking $1 million in relief from her Houston-based record label 1501.  With artists selling their catalogs, and highly publicized legal disputes between artists and their biz partners— think Kesha versus Dr. Luke and Taylor Swift versus Scooter Braun— this story is an interesting case study in the music industry, a master class on lawsuits, and an important reminder to do your homework before signing a contract. Nicole explains. To learn more about the lawsuit, check out: https://people.com/music/megan-thee-stallion-demands-1-million-from-record-label/ https://www.rollingstone.com/music/music-news/megan-thee-stallion-1501-label-1234579282/ See omnystudio.com/listener for privacy information.

How I Lawyer Podcast with Jonah Perlin
#077: Christine E. Webber - Plaintiffs' Class Action Employment & Civil Rights Lawyer

How I Lawyer Podcast with Jonah Perlin

Play Episode Listen Later Aug 18, 2022 48:46 Very Popular


In today's episode I speak with Christine E. Webber who is a leading plaintiff-side class-action civil rights & employment attorney. Christine is a Partner and Co-Chair of the Civil Rights & Employment practice group at Cohen Milstein. In this role, she represents victims of discrimination and wage and hour violations in class and collective actions. She has represented clients in some of the largest, groundbreaking discrimination and Fair Labor Standards Act (FLSA) class and collective actions in the United States. She has been recognized with numerous of awards for her work and has served as a leader in a number of employment-law related organizations. Christine started her career as a law clerk to Judge Will on the United States District Court for the Northern District of Illinois and as a Fellow at the Lawyer's Committee for Civil Rights. In our conversation we discuss her path to law which began by lobbying for more rights for girls in her 3rd-grade classroom, the differences between changing the law through policy and through litigation, the importance of seeing both the big picture and the narrow details in plaintiff-side class action work, how she prepares for depositions (in her words, it is like putting a puzzle together without having the picture on the box) and the importance of both planning and flexibility in that process, why she loves working with statistical experts who are so important to her cases, how "winning" differs as a plaintiff-side class action lawyer, the skills that make newer lawyers stand out in her experience (research, details, preparation), why her decision to take a risk early on and jump at an uncertain opportunity made the rest of her career possible, and the various paths to the kind of work that she does. If you enjoy this episode, please make sure to sign up for future episodes at www.howilawyer.com or to subscribe wherever you get your podcasts. This episode is sponsored, edited, and engineered by LawPods, a professional podcast production company for busy attorneys.

Pop Culture Crisis
EPISODE 184: Angelina Jolie Revealed as the Plaintiff in FBI Lawsuit Related to Brad Pitt Assault Allegations

Pop Culture Crisis

Play Episode Listen Later Aug 18, 2022 100:46


On today's episode the gang discusses: 1) Angelina Jolie Revealed as the Plaintiff in FBI Lawsuit Related to Brad Pitt Assault Allegations 2) Social Media is Horrible For Mainstream Celebrities 3) The Daily Wire is Hiring Veteran Disney Executives as the CW is Sold For Zero Dollars

Dangerously Likely
"Yikes for Trump"

Dangerously Likely

Play Episode Listen Later Aug 18, 2022 49:29


What a couple of weeks it's been! The FBI has searched Trump, and investigations in Georgia and New York have really felt like they have ramped up this week. Join Kaleb and Terrell as they dive deep into these developing situations. Select Committee to Investigate the January 6th Attack on the United States Capitol | (house.gov). Here's how you can help the people of Ukraine: NPR Weekly episodes every Thursday. Have any questions or comments? Email us at dangerouslylikely@gmail.com. Follow us on Instagram (@Dangerously_Likely) and on Twitter (@DngerouslyLikly). Please leave a review if you enjoy the show! Music produced by Rebbel. News articles sourced by: US South, Midwest Will Reach Temps of 125 F by 2050s - Bloomberg Takeaways From the Unsealed Warrant for the Search of Trump's Home - The New York Times (nytimes.com) Presidential Power to Declassify Information, Explained - The New York Times (nytimes.com) Giuliani Is a Target in Georgia's Trump Election Inquiry, Lawyer Says - The New York Times (nytimes.com) Trump Executive Nears Plea Deal With Manhattan Prosecutors - The New York Times (nytimes.com) Eric Herschmann, Lawyer in Trump White House, Is Subpoenaed - The New York Times (nytimes.com) Top Democrats Accuse Homeland Security Watchdog of Blocking Testimony in Jan. 6 Inquiry - The New York Times (nytimes.com) Plaintiffs in Long Fight Over Endangered Salmon Hope a Resolution Is Near - The New York Times (nytimes.com)

Delivering Direction and Control
Episode 23 – Tax Planning Solutions for Mass Tort and Plaintiff's Attorneys with Tate Johnson

Delivering Direction and Control

Play Episode Listen Later Aug 16, 2022 39:25


In this episode, David Warren – Co-Founder/Chairman of the Board of Bridgeford Trust Company – sits down with guest, Tate Johnson – President & Chief Operating Officer at Brook-Hollow – to discuss the evolution of Brook-Hollow and their creative and industry leading tax planning and deferral programs for mass tort and plaintiff's attorneys who receive large contingent legal fee payments. As they discuss this unique planning solution, David and Tate explore Bridgeford's partnership with Brook-Hollow and how the work we do together allows for powerful South Dakota modern trust law concepts, such as asset protection, foreign grantor trusts, directed trusts, and privacy, to be integrated into the planning process, resulting in an even more compelling and sophisticated solution for these attorneys.

Montana Public Radio News
Arguments begin in Montana voting restrictions trial

Montana Public Radio News

Play Episode Listen Later Aug 16, 2022 1:41


A trial is underway in Yellowstone County over three new Montana election laws. Plaintiffs focused their first arguments on barriers to voting in Indian Country.

EV Brief Podcast
#43: In conversation with Chris Vanderstock - EV enthusiast and Victorian ZLEV tax challenge plaintiff

EV Brief Podcast

Play Episode Listen Later Aug 8, 2022 30:56


Christopher Vanderstock and co-plaintiff Kathleen Davies are bringing a claim in the High Court of Australia against the State of Victoria to challenge the ZLEV Act. They argue that the State of Victoria lacks the constitutional authority to impose such a charge. As Australia begins the slow transition to electrification and states look to increase revenue, This case has important ramifications nationally. Find out more about the High Court challenge here: https://equitygenerationlawyers.com/cases/vanderstock-v-victoria/ Follow Chris on YouTube: https://www.youtube.com/c/chrisvanderstock Timecodes: 0:00: Introduction 01:55: What is the Victorian ZLEV Act? 08:25: How is the EV and PHEV owner charge administered? 10:35: The Commonwealth is supporting Chris's challenge 25:20: What currently excites Chris about the future of electrification in 2022? 29:08: EV news wrap up of the day Thanks for following EV Brief! If you enjoyed this episode, please leave a review on your favourite podcast network. You can get in touch with us and stay up to date with the latest EV news and reviews at EVbrief.com

The Weekly Reload Podcast
YouTuber Reno May on His Fight Against California's Handgun Roster

The Weekly Reload Podcast

Play Episode Listen Later Aug 8, 2022 71:36


This week we're taking a closer look at the latest lawsuit against California's unique handgun restrictions. So, who better to talk to than one of the plaintiffs in the case? That's why I reached out to Reno May. He has joined the suit claiming California's ban on "unsafe" handguns violates the Second Amendment. May's case comes after two previous challenges to the law have failed. Plaintiffs in the new case, which include the California Rifle and Pistol Association, argue the Supreme Court's New York State Rifle and Pistol Association v. Bruen decision calls for renewed scrutiny of the regulations. They contend the state's modern first-of-their-kind restrictions can't clear the text and tradition test set in Bruen because there is no historical analogue for the roster. The "microstamping" provision, which requires all new pistol models to include technology that does not exist in any production firearm on the planet, is at the core of the plaintiffs' problems with the law. May said it shows the goal is to restrict handgun ownership rather than keep unsafe firearms out of the safe. He said the same was true of the requirement that three approved guns be removed for every one gun added to the roster. May said the law has a number of contradictions that undermine it as well. He noted that law enforcement is allowed to own and carry pistols the state deems "unsafe," and the majority of the guns on the roster don't include the safety features required in the act. Joining the suit puts May in the company of others who operate popular YouTube channels focused on gun ownership. He explained why he decided to get more involved in activism and why he thinks other "GunTubers" are doing the same. Plus, Contributing Writer Jake Fogelman and I talk about the new ATF inspection controversy and how it gives insight into the new relationship between the agency and the industry. Special Guest: Reno May.

Conduct Detrimental: The Sports Law Podcast
LIV v. PGA; CFB Unions, & F1 Legal Drama

Conduct Detrimental: The Sports Law Podcast

Play Episode Listen Later Aug 5, 2022 74:36 Very Popular


Dan Lust is joined by Brendan Bell (@_bbell5) who is our college sports business reporter for Conduct Detrimental. Dan and Brendan bring you the jam-packed news from this week in the Sports Law world. Penn State football has tried to create a union with the College Football Players Association (1:55) Joining the episode is Jason Stahl and Roxanne McCray who are the executive director and president of the College Football Players Association (CFBPA). (12:20) Jason and Roxanne discuss their backgrounds and experience with the CFBPA and the goals to create a membership based program for college athletes. Jason tells his story where he "snuck" into a quarterbacks meeting at Penn State. They also discuss the prior attempts of college athletes to unionize. Jason and Roxanne discuss their "strength in numbers" strategy and their goal to educate all student athletes. They also break down the connection with NIL. Read more about the CFBPA here. Formula 1 is making news in the legal world. (43:30) We are joined by Zach Bryson (@ZacharySBryson) who is a 2L at Elon Law to discuss that Fernando Alonso has decided to changed teams from Alpine to Aston Martin. To replace Alonso, Alpine wanted to bring up a reserve driver in Oscar Piastri to join their team. However, Piastri sends out a tweet stating: "I understand that, without my agreement, Alpine F1 have put out a press release late this afternoon that I am driving for them next year. This is wrong and I have not signed a contract with Alpine for 2023. I will not be driving for Alpine next year." Read Zach's full article here. An antitrust lawsuit has been filed against the PGA Tour with Phil Mickelson at the forefront of the Plaintiffs with regard to the suspensions golfers received for choosing to play in the LIV golf tour. (59:45) John Nucci (@JNucci23) joins to help break down this lawsuit. They are claiming that the actions of the PGA Tour has caused them to lose money. However, the big name players like Phil and Bryson Dechambeau are making more money now with the LIV tour, so the question is where are the lost earnings. Phil's current suspension with the PGA Tour goes until 2024. *** Have a topic you want to write about? ANYONE and EVERYONE can publish for ConductDetrimental.com. Let us know if you want to join the team. Dan Wallach (@WallachLegal) | Dan Lust (@SportsLawLust) | Mike Lawson (@mike_sonof_law) Twitter | Instagram | TikTok | YouTube | Website | Email

Behind The Lens
Behind The Lens episode 176: ‘Plaintiffs look to the court to bring this nightmare to an end’

Behind The Lens

Play Episode Listen Later Aug 5, 2022 39:05


Gulf Coast 'dead zone' smaller this year, but still larger than it should be. Council tries to rein in facial recognition. And a lawsuit over the 2019 JFK High graduation scandal is still ongoing. The post Behind The Lens episode 176: ‘Plaintiffs look to the court to bring this nightmare to an end' appeared first on The Lens.

Dark Side of Wikipedia | True Crime & Dark History
420: Alex Jones Continues To Be A Piece of Shit | True Crime Today

Dark Side of Wikipedia | True Crime & Dark History

Play Episode Listen Later Aug 4, 2022 3:30


In a Texas court on Wednesday, a lawyer for Sandy Hook parents cross-examined Infowars founder Alex Jones and fact-checked his answers in real time. The jury will decide how much Jones has to pay his parents, Neil Heslin and Scarlett Lewis, who won a default judgement against him earlier this year. Heslin and Lewis' lawyer wants $150 million in damages. Mark Bankston, the plaintiffs' attorney, cross-examined Jones, who was the sole defense witness during the trial. Bankston revealed to Jones and the court that he had recently acquired evidence proving Jones lied about never texting about Sandy Hook. In an apparent mishap, Jones' lawyer sent Bankston two years' worth of cell phone records, including every text message Jones sent. Bankston said Jones' cell phone records showed he texted about Sandy Hook. That's how I know you lied to me about Sandy Hook text messages, Bankston said. Jones was shown a text message exchange Bankston had about Sandy Hook. Jones testified, however, that he had never seen the text messages. Jones insisted he "did not lie" when reminded he had testified under oath he searched his phone for Sandy Hook messages during discovery. In the aftermath of the Sandy Hook shooting, in which 26 people were killed, Jones baselessly claimed the incident had been staged. As a result of lawsuits, Jones has since acknowledged the shooting took place. As Jones stated in a 2019 sworn deposition, he believed it was staged at the time because he was experiencing a "form of psychosis." According to Jones, the Sandy Hook shooting was "100% real" in court on Wednesday. Jones was also asked if he had connected Maya Guerra Gamble, the judge overseeing the trial, to pedophilia and human trafficking during cross-examination Wednesday. Bankston played video for the court of an Infowars video which Jones denied having done so. In the video, Jones attacked Gamble's previous work for Child Protective Services, claiming the agency had been "exposed" for working with pedophiles. On Wednesday, Gamble laughed when she saw a screengrab from the Infowars video in court, after her office did not respond to an earlier request for comment. The person on the left is our judge, right??? Bankston asked. Jones said it was. Plaintiffs' lawyers said Tuesday they're going to ask for sanctions against Jones for lying. Also on Tuesday, Gamble admonished Jones for breaking his oath twice. “You are already under oath to tell the truth,” Gamble said Tuesday. “You've already violated that oath twice today, in just those two examples. It seems absurd to instruct you again that you must tell the truth while you testify. Yet here I am again.” Gamble told him Wednesday, "This isn't your show." The defense rested its case after Jones finished testifying Wednesday, and closing arguments started. It could be decided as early as this week how much the Sandy Hook parents will get in damages. Jones' current trial is the first of three that will determine how much he owes Sandy Hook families who sued him and won default judgments. If you like Dark Side Of - Be sure to search and subscribe to "Dark Side Of" wherever you download podcasts! Apple Podcasts https://podcasts.apple.com/us/podcast/dark-side-of-wikipedia-true-crime-dark-history/id1504280230?uo=4 Spotify https://open.spotify.com/show/0GYshi6nJCf3O0aKEBTOPs Stitcher http://www.stitcher.com/podcast/real-ghost-stories-online-2/dark-side-of-wikipedia-true-crime-disturbing-stories iHeart https://www.iheart.com/podcast/270-Dark-Side-of-Wikipedia-Tru-60800715 Amazon https://music.amazon.com/podcasts/565dc51b-d214-4fab-b38b-ae7c723cb79a/Dark-Side-of-Wikipedia-True-Crime-Dark-History Google Podcasts https://www.google.com/podcasts?feed=aHR0cHM6Ly9hdWRpb2Jvb20uY29tL2NoYW5uZWxzLzUwMDEyNjAucnNz Or Search "Dark Side Of" for the best in True Crime ANYWHERE you get podcasts! Support the show at http://www.darksidepod.com

The Paul W. Smith Show
Ven Johnson ~ The Paul W. Smith Show

The Paul W. Smith Show

Play Episode Listen Later Aug 4, 2022 9:44


August 4, 2022 ~ The Detroit area Plaintiff's Attorney talks to Paul about new information that indicates an armed Oxford High School security guard failed to stop the mass shooting at the high school and he says the guard's actions are disturbing.

Charlottesville Community Engagement
August 2, 2022: No House of Delegates race in 2022; Albemarle Supervisors agree to lease part of J.C. Penney for public safety operations, vehicles

Charlottesville Community Engagement

Play Episode Listen Later Aug 2, 2022 15:55


Welcome to the 214th day of the year, which means we are now 58.6 percent of the way through 2022. There’s still plenty of time to improve your averages, or lower them, depending on the rules of whatever game you may be playing in your head. On paper, today is August 2, and there’s five months left until Charlottesville Community Engagement will devote its attention to 2023, declared already by the United Nations as the International Year of the Millets. Are you ready? Sign up for a free or paid subscription to get articles about what’s happening in the area. See below for an offer from Ting that could help us both!On today’s program:Charlottesville is taking precautions in preparation of the five year anniversary of the Unite the Right rallyA federal judge has dismissed a second lawsuit seeking a House of Delegates race in 2022Area law enforcement agencies had a recent crackdown on speeding on U.S. 29 Charlottesville’s Fire Department is deploying more medical equipment The Albemarle Board of Supervisors authorizes a lease for the county to lease a portion of a former department store for public safety vehiclesFirst shout out: Soul of Cville to mark Fifth Anniversary of A12In today’s first shout-out: Three groups are preparing to hold the second annual Soul of Cville festival to celebrate Black excellence in Central Virginia. Chic & Classy Image Consulting, 101.3 JAMZ, and the Ix Art Park Foundation will host the event will be held on August 12, August 13, and August 14 and will feature: Live music and performancesA fashion showA Black artisan market featuring local vendors, Food from local Black-owned restaurantsA pop-up skate event with De La Roll, An art show called There Are Black People in the Future with The Bridge PAI. On Friday there will be a screening of the 1989 film Do the Right Thing, with an afterparty in the Looking Glass hosted by 9 Pillars Hip Hop. For details, visit www.ixartpark.org/soul-of-cville.City on alert for fifth anniversary of A12This week marks five years since the Unite the Right rally and violent conflicts in downtown Charlottesville. Yesterday the city sent out a press release stating that there is no “specific credible threat” but that precautions will be taken. “CPD is maintaining a status of heightened situational awareness and monitoring chatter from intelligence sources to be prepared to increase available coverage Downtown and in parks, which can be activated quickly in response to any pop-up emergencies that might occur,” reads that press release.The eastern vehicular crossing of the Downtown Mall at Heather Heyer Way will be closed from Thursday August 11 at 6 p.m. until Sunday morning August 14 at 6:30 a.m. There is a planned event at the Ting Pavilion for Fridays after Five on Friday. No House of Delegates race in 2022If you’re a candidate for the Virginia House of Delegates, it’s now pretty much certain you’ll be on the ballot in 462 days if you get the nomination or otherwise qualify. Judge David Novak of Virginia’s Eastern Federal District Court has dismissed a second lawsuit seeking an election this year. (read the ruling)“Like just about everything else in our society, the unprecedented COVID-19 global pandemic impacted the work of the United States Census Bureau, delaying the sending of the results of the 2020 Census to the states,” states the introduction to Novak’s order to dismiss the case. That delay meant Virginia did not have updated boundaries for the General Assembly or the House of Representatives until the end of 2021. At the time, Richmond attorney Paul Goldman had an active suit against the State Board of Elections arguing that the 2021 elections were unconstitutional because they were based on data from the 2010 Census. After several months of legal proceedings including an appearance before the Fourth Circuit of Appeals, Judge Novak and two other judges ruled that Goldman lacked legal standing to have brought the case. A few days later, Richmond author Jeffrey Thomas Jr. filed a second suit based on Goldman’s main arguments. Novak’s order recounts the long legal saga to this point, including the failure of the Virginia Redistricting Commission to reach consensus on new maps as well as the COVID-related delays.“Because Plaintiff’s attempts to lay blame on Defendants for the delays caused by the unprecedented pandemic fails, Plaintiffs are unable to trace their injuries to Defendants,” Novak writes. Judge Novak’s order is made without prejudice, which means a new suit could be brought, but there are 98 days until election day. Efforts made to crack down on distracted drivers on U.S. 29Vehicular crashes are up on Virginia roads this year and late last month area law enforcement agencies teamed up on to enforce speeding and distracted driving laws on U.S. 29. On July 21, Albemarle County Police, Charlottesville Police, and the University of Virginia police were out in force from the Greene County border to the Nelson County line. “We usually see at least 700,000 vehicles daily on that stretch of roadway,” said Albemarle Master Police Officer Kate Kane. “Consequently it adds up to a lot of crashes unfortunately.” During the one-day initiative on July 21, there were 197 traffic stops and 201 summons were given out. Just over half of those were for speeding. The chances of surviving are dramatically diminished the faster you go.“Logic would tell you that when speed goes up, survivability goes down,” Kane said. “We don’t realize how fragile we are. Even with the seat belts, even with the air bags, even with the best protection technology, we cannot avoid all crashes. If you’re traveling at 75 miles an hour or higher, your body just can’t take that kind of impact.”As of today, there have been 527 fatalities on Virginia roads in 2022 according to a dashboard on the Virginia Department of Transportation’s website. Charlottesville Fire Department to deploy more devices on medical callsSome vehicles used by the Charlottesville Fire Department on medical calls will soon carry additional devices intended to increase the chances of a patient surviving a cardiac arrest. The Department secured $64,000 from a Community Development Block Grant in the last fiscal year to purchase four chest compression devices to assist in the performance of cardiopulmonary resuscitation (CPR). They’ll be placed on two fire engines and two ambulances.“Based on Neighborhood Risk Assessment data, residents in all nineteen (19) neighborhoods are expected to benefit from deploying these devices, most notably Tenth and Page, where the data highlights the significant importance of timely interventions,” reads a press release sent out on Friday. The department will also begin to implement video laryngoscopes, which are devices that assist with the intubation of patients. “The [Airtraq] devices have been used in pre-hospital systems and in emergency departments to improve success in airway management,” the release continues. Yesterday was the first day that Scott Carpenter will serve as the Deputy Chief of Operations. According to a July 15 press release, Carpenter has been with the Charlottesville Fire Department for 22 years. Second shout-out: The Plant Northern Piedmont Natives Campaign Since the very beginning of this newsletter, one long-time Patreon supporter has used his shout-out to draw your attention to the work of the Plant Northern Piedmont Natives Campaign. The campaign is a coalition of grassroots partners including motivated citizens and volunteers, partner organizations, and local governments who want to promote the use of native plants. Summer is in high gear and pollinators are active! Want to learn more? Visit plantvirginianatives.org to download Piedmont Native Plants: A Guide for Landscapes and Gardens. Albemarle Supervisors approves rent former J.C. Penney as public safety operations centerAlbemarle County will move forward with the lease of a former department store at Fashion Square Mall to serve as a new operations facility for fire and police. “It does have a central location, it’s got a very large warehouse, with a great loading dock,” said Lance Stewart, the county’s director of facilities and environmental services.  “All together it's about 33,000 square feet which is almost a third of the J.C. Penney site. On July 20, Supervisors authorized a lease and signaled a willingness to pay over $3 million in capital costs to get it ready for public safety work. “This has been a known and growing need for many years including capital requests that were submitted for new construction in the past but not funded,” said Lance Stewart is the director of the Facilities and Environmental Services Department in Albemarle County. David Puckett, the Deputy Chief of Operations at Albemarle Fire Rescue, reminded Supervisors that they have hired several personnel in recent years to expand capacity. “While the vast majority of those positions are out in the field directly providing service there are a number of administrative positions added to make sure we could successfully on-board, train, and support those personnel long-term.” Puckett said. Puckett said space is full at the county’s offices on Fifth Street Extended.  The Department also now has its own dedicated fleet manager as well as a mechanic to conduct in-house repairs. All that work also requires space, and the J.C. Penney used to have a tire shop. “The lack of a centralized facility has required us to store parts and equipment in fire station closets and storage rooms throughout the county,” Puckett said. “This has resulted in loss productivity. As an example, if a mechanic is out working on a truck only to determine that the part needed to complete the repair is halfway across the county, it requires more time and energy to go get the part before they complete it.”Puckett said stations themselves are not really set up for vehicle repair.Albemarle Police Chief Sean Reeves said more space has also been a capital need requested by law enforcement. “Some of the capital improvement projects from over ten years ago, from two chiefs of police ago, called for a site that we could use to expand stored evidence, store vehicles that are in evidence, and an evidence processing bay that we do not have,” Reeves said. Colonel Reeves said using the J.C. Penney site would cut down on the capital cost to build such a place. He also said the traffic unit would move to the new location, freeing up space at the County Office Building on Fifth Street Extended.“And that space that’s freed up at COB-Fifth, what that would do is go toward supporting the mental health unit, the officers that are going to be picked and selected as staff for the new mental health unit,” Reeves said.  The J.C. Penney site is owned separately from the rest of Fashion Square Mall by a subsidiary of Seminole Trail Properties. Stewart said this use would not preclude redevelopment of the site in the future. The project is also outside of the jurisdiction of the Albemarle Architectural Review Board. The lease would be for ten years with options to extend that as well as to expand to more of the J.C. Penney site in the future. The rent of $558,000 a year is based on $12.50 per square foot, and the rent would increase by 3.5 percent each year. “And I can tell you that having looked at a number of industrial and commercial properties that we thought might be suitable options, that is well below typical for the market,” Stewart said. Final details will be worked out as the lease is negotiated. Supervisor Ned Gallaway lauded staff for negotiating a good price and said this was a good location for this use. “This is an area where the Rio Road Small Area Plan is,” Gallaway said. “When we think of the county investing in this location, we can be a vibrant anchor tenant to an area that needs redevelopment and needs activity.Housekeeping notes for edition #414If you’ve been wondering if there is going to be a summer break for Charlottesville Community Engagement, we’re sort of in it. I am hoping this week to write up as much as I can before cutting back to almost no newsletters and podcasts for next week. I’ve got a rare opportunity to go on a vacation, and I’m tempted to try to not pay attention. But that’s the difficult thing - I don’t want to stop paying attention to the items happening in the area in and around Charlottesville. In fact, I’ve set up Town Crier Productions to harness my curiosity about what’s happening and a passion for documenting what’s going on. We’re now in the third year of this experiment, and I’m grateful for everyone who has helped with a financial contribution to keep it going. The best way to make a financial contribution is by purchasing a subscription through Substack. if you do so, Ting will match your initial payment! And, if you sign up for their services through this link you’ll get a free standard install, your 2nd month free, and a $75 downtown mall gift card! Enter the promo code COMMUNITY for full effect. Music on the podcast version of the show comes from the D.C. sensation Wraki, and you can support their work by paying whatever you want for the album regret everything on BandCamp. Finally, if you’ve missed anything or want to do a deep dive on a topic, take a look at the Information Charlottesville archive. Want to read articles on land use in Albemarle? Click here!What about information on Virginia elections? Click here!What about uncategorized articles? And what category should they be in? Please send this on to someone else so we can continue to grow the audience. Thanks for reading and listening! This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit communityengagement.substack.com/subscribe

The Bravo Docket
Not Another Erika Episode I

The Bravo Docket

Play Episode Listen Later Aug 1, 2022 68:12 Very Popular


Erika Jayne, former wife of now disgraced Plaintiff's attorney Tom Girardi, has been directly named in a number of lawsuits over the past months and has been at the center of public drama. Most recently, she was served with papers after returning from a Hawaiian vacation. But what was in those papers? We know, and in this episode and the next, we are reading the facts and claims alleged. We also discuss how Erika was ordered to return her $750,000 earrings. In Part II, we will cover the rest of the complaint, the other lawsuits, and the drama. Access our Patreon, Instagram, Website, buy merchandise, and more here: https://linktr.ee/thebravodocketThe Bravo Docket podcast, the statements we make whether in our own media or elsewhere, and any content we post are for entertainment purposes only and do not provide legal advice. Any party consuming our information should consult a lawyer for legal advice. The podcast, our opinions, and our posts, are our own and are not associated with our employers, Bravo TV, or any other television network. See acast.com/privacy for privacy and opt-out information. Become a member at https://plus.acast.com/s/thebravodocket.

The Matt Allen Show
Rich Southwell Lead Plaintiff in Southwell v. McKee

The Matt Allen Show

Play Episode Listen Later Aug 1, 2022 16:40


See omnystudio.com/listener for privacy information.

The Great Conversation
The 5 Pillars of a Strategic Security Program

The Great Conversation

Play Episode Listen Later Aug 1, 2022 34:34


I meet many people who are unconscious competents. They intuitively know what to do, and largely are successful at doing it. And then there are the conscious competents. They took the time to understand what they do including the why of it, and the value of it. They document, teach, and, most importantly for any leader competing for funds, sell their program to their stakeholders. I met Bill Marcisz when he was the Executive Director of Security, Safety, and Emergency Management at AdventHealth in Central Florida. AdventHealth is known as a trailblazer in their research and their use of emerging technology. Bill not only ran this critically acclaimed program, but he also was called upon as a nationally recognized and Board-Certified Security Expert. After all he has over 40-Years of Security & Legal Experience. He retired from AdventHealth to devote his energies as the President & Chief Consultant for Strategic Security Management Consulting, Inc. (SSMC) SSMC provides litigation support to both Plaintiffs and Defense clients. His trial testimony alone has assisted in attaining jury awards up to $13.5 Million. Bill has also received peer review awards for developing an Outstanding Security Program from both the American Society of Industrial Security (ASIS) and International Association for Healthcare Security & Safety (IAHSS). Bill also received the award for Outstanding Performance by a Director of Security from the American Society for Industrial Security (ASIS). This is considered as one of the most prestigious achievements in the Security profession. Bill shared with us his thoughts on the key components of a strategic security program and what it takes to position it for value. Enjoy the conversation.

CrossPolitic Studios
Daily News Brief for Friday, July 22nd, 2022 [Daily News Brief]

CrossPolitic Studios

Play Episode Listen Later Jul 22, 2022 17:28


The House votes on a contraception bill, a new electoral college reform bill is coming before Congress, and military chaplains continue their fight for freedom from medical coercion… … and more on today’s CrossPolitic Daily News Brief. My name is Toby Sumpter and today is Friday, July 22, 2022. FLF Conference Plug: Folks, our upcoming Fight Laugh Feast Conference is just 4-months away from happening in Knoxville TN, October 6-8! Don't miss beer & psalms, our amazing lineup of speakers which includes George Gilder, Jared Longshore, Pastor Wilson, Dr. Ben Merkle, Pastor Toby, and we can’t say yet…also dont miss our awesome vendors, meeting new friends, and stuff for the kids too…like jumpy castles and accidental infant baptisms! Also, did you know, you can save money, by signing up for a Club Membership. So, go to FightLaughFeast.com and sign up for a club membership and then register for the conference with that club discount. We can’t wait to fellowship, sing Psalms, and celebrate God’s goodness in Knoxville October 6-8. Sen. Blumenthal Thinks it’s Very important for congress to pass a bill guaranteeing access to drugs that prevent pregnancy. https://twitter.com/SenBlumenthal/status/1550216973199474688?s=20&t=atHLw9SjnQTHPyZrUIBPug 0:00-0:33 Meanwhile nations in Europe are already trying to incentivize couples to have more children because there is already a sansdemic, that is a growing population gap that is not replacing current population levels, leaving nations without workers. Turns out your need people to work and to provide, to have a thriving economy and nation. House votes to pass bill guaranteeing access to contraception https://www.cnn.com/2022/07/21/politics/contraception-access-house-vote/index.html?fbclid=IwAR2WKa07UvjlHP5qKWXPzgSm1ylUFA4JoREcolRudQTpD6e-nL7SviSLF1U The House voted Thursday to pass a bill that would guarantee access to contraception by protecting the right to buy and use contraceptives without government restriction. The final vote was 228-195. Eight Republicans crossed over to vote with Democrats. Reps. Liz Cheney of Wyoming, Nancy Mace of South Carolina, Fred Upton of Michigan, Anthony Gonzalez of Ohio, John Katko of New York, Brian Fitzpatrick of Pennsylvania, Maria Salazar of Florida and Adam Kinzinger of Illinois joined all the Democrats in voting for the bill. Two Republicans, Reps. Bob Gibbs of Ohio and Mike Kelly of Pennsylvania, voted present, meaning they took no position either way on the bill The vote falls among action House Democrats are trying to take following the Supreme Court's decision that overturned Roe v. Wade. In that decision, Justice Clarence Thomas wrote separately in a concurring opinion that the high court should reconsider "substantive due process precedents" in decisions, including Griswold v. Connecticut, that allows access to contraception. The Right to Contraception Act, introduced by Democratic Rep. Kathy Manning of North Carolina, aims to "protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care provider's ability to provide contraceptives, contraception, and information related to contraception," according to text of the bill. We should note that the text of the bill also includes “emergency contraceptives” in its list of what is included. Historically “emergency contraceptives” has also included chemicals intending to prevent or disrupt implantation of a fertilized egg. It should also be pointed out that some forms of oral contraception also include this as an intended function. Why would we trust Margaret Sanger and her descendants to give us good medicine? The mindless embrace of birth control by Christians got us into this mess. The White House said it "strongly supports" the bill in a statement Monday, adding "access to contraception is essential to ensuring all people have control over personal decisions about their own health, lives, and families." And making sure that we don’t have enough people to work productive jobs to provide for their families. This on the heels of Earlier this week, the House passed a bill that would enshrine protections for same-sex marriage into federal law, with 47 Republicans joining Democrats voting in favor of the bill. It is unclear whether the bill can pass the Senate where at least 10 Republicans are needed to side with Democrats to overcome the filibuster's 60-vote threshold. Redballoon Not so long ago, the American dream was alive and well. Employees who worked hard were rewarded, and employers looked for people who could do the job, not for people who had the right political views. RedBalloon.work is a job site designed to get us back to what made American businesses successful: free speech, hard work, and having fun. If you are a free speech employer who wants to hire employees who focus on their work and not identity politics, then post a job on RedBalloon. If you are an employee who is being censored at work or is being forced to comply with the current zeitgeist, post your resume on RedBalloon and look for a new job. redballoon.work, the job site where free speech is still alive! www.redballoon.work New Electoral College Count Reform Proposal https://www.nationalreview.com/corner/a-promising-new-electoral-count-act-reform-proposal/ The proposal takes the form of two bills. The first is sponsored by nine Republican senators (Susan Collins, Shelley Moore Capito, Lindsey Graham, Lisa Murkowski, Rob Portman, Mitt Romney, Ben Sasse, Thom Tillis, and Todd Young) and seven Democratic senators (Joe Manchin, Ben Cardin, Chris Coons, Chris Murphy, Jeanne Shaheen, Kyrsten Sinema, and Mark Warner) and is focused on the Electoral Count Act itself. This bill clarifies that states must appoint presidential electors in accordance with the laws they each pass before election day and does away with the dangerously vague concept of a “failed election” in the original ECA. It requires that the governor of each state (or else another particular official specifically assigned this role by state law) be the person to certify the state’s slate of electors, to avoid the possibility of different officials sending different slates to Congress. It clarifies that the vice president’s role in counting electoral votes in Congress is purely ministerial and does not involve any sole decision-making authority. It raises the threshold for raising objections to a state’s electoral votes in Congress from one member of each house to one-fifth of the members of each house and narrows and clarifies the grounds for filing objections. And it allows for expedited federal judicial review of any challenges raised by a presidential candidate under already existing federal law to a state’s certification of its elections, but does not create any new right of action in federal court regarding state officials’ enforcement of state laws. Some Democrats wanted to go further, and give the federal courts more jurisdiction over the ways in which state officials enforce state election laws. This was a disastrously misguided idea, and it is very good that this proposal avoids any such path. This is a significant success for a number of Republicans who fought hard against that approach — particularly Ben Sasse and Mitt Romney. And it is the reason why I think this bill could get enough Republican votes to pass the Senate. The restraint shown in this proposal suggests this bipartisan group really wants to get these reforms enacted. The second bill, sponsored by most of the same senators as the first (with the exception of Republican senators Capito, Young, Sasse, and Graham) takes up some issues beyond the scope of the Electoral Count Act. It would increase the penalties for threatening election officials, improve the postal service’s procedures for handling mail-in ballots where those are allowed under state law, reauthorize the Election Assistance Commission, and increase the penalties for tampering with election records. These are modest reforms directed to modest problems, and the result is a bill that doesn’t do anything particularly important. If it’s necessary to get more Democrats to accept the restrained approach to ECA reform in the first bill, then I see no problem with it, and certainly some of what it proposes is worthwhile. Chaplains File Class Action Lawsuit Against DODhttps://uncoverdc.com/2022/07/21/vaccine-mandate-chaplains-file-class-action-lawsuit-against-dod/ Thirty-one military chaplains filed a class action lawsuit in May alleging the unconstitutional denial of religious accommodations relating to the vaccine mandate. The chaplains maintain they are protected by the First Amendment and the Religious Freedom Restoration Act (RFRA). Defendants in the case are the Department of Defense (DoD), several military branches, the Department of Health and Human Services, the FDA, and the CDC. The lawsuit provides a fulsome review of the blatant, concerning changes in definitions and procedural rules to achieve politically driven agendas and goals that seemingly ignore service members’ most basic constitutional rights. Plaintiffs argue that the vaccine mandate and the military’s “no accommodation directive” are unconstitutional. Military chaplains who fail to comply with the vaccine mandate face “threat of disciplinary action” and “punitive discharge,” violating their “express statutory rights to follow their conscience as formed by their faith.” Defendants in the case contend the “venue is not proper,” Plaintiffs’ claims “are not ripe or justiciable prior to exhaustion of military remedies” (some requests have not yet been adjudicated), and the vaccine is the best remedy for “the health and readiness” of the military forces. The 2013 National Defense Authorization Act (NDAA) lays out in Section 533—the right of chaplains to conduct themselves according to their conscience or religious faith. Section 533 allows a chaplain to reject performing any duty that violates their conscience without repercussion or penalty. As the footnote on page 5 of the lawsuit explains, the genesis of the 2013 NDAA amendment grew out of social policy changes in 2012 during the Obama administration concerning “the repeal of the military ban on homosexual behavior and the Supreme Court’s invalidation of the Defense of Marriage Act.” Chaplains at the time were concerned that they might have to perform wedding ceremonies that would violate their religious beliefs. Those protections were reinforced in both the 2016 and the 2018 NDAAs. Retired Army veteran Arthur A. Schulcz’s testimony filed on July 18, 2022, speaks poignantly to the difficulties of defining and implementing religious freedom policies in the military in recent years. He fought to properly define the role of chaplains in the military in December 2012, working with Congress in anticipation of amendments to the 2013 NDAA to “defend chaplains’ rights to authentically represent their faith to the military, especially in their speech.” He describes the discrimination many in the military have experienced over the years if they dared speak against the prevailing political agenda. The complaint states military chaplains are “unique military officers” because they are both commissioned officers and clergy. As such, they “raise unique statutory and constitutional religious liberty claims, in addition to the claims for systematic violations of service members’ RFRA and First Amendment rights that several courts have recently found Military Defendants likely committed.” The lawsuit states congressional authority concerning honoring and protecting military chaplains’ conscience and faith has been violated by the mandate. Chaplains are unique in their roles as service members because they are afforded additional First Amendment protections as a result of their clerical roles. It has to do with the potential violations of the First Amendment’s Establishment Clause. The Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” Psalm of the Day: St. Patrick’s Breastplate https://www.youtube.com/watch?v=1SXXz5k_F_I&list=PL1C638E88FCA83B7A&index=22 0:18-1:24 Amen! This is Toby Sumpter with CrossPolitic News. Remember you can always find the links to our news stories and these psalms at crosspolitic dot com – just click on the daily news brief and follow the links. Or find them on our App: just search “Fight Laugh Feast” in your favorite app store and never miss a show. If this content is helpful to you, would you please consider becoming a Fight Laugh Feast Club Member? We are building a cancel-proof news and media network with Christ at the center, and we can’t do it without your help. Join today and get a $100 discount at the Fight Laugh Feast conference in Knoxville, TN Oct. 6-8, and have a great day.

Daily News Brief
Daily News Brief for Friday, July 22nd, 2022

Daily News Brief

Play Episode Listen Later Jul 22, 2022 17:28


The House votes on a contraception bill, a new electoral college reform bill is coming before Congress, and military chaplains continue their fight for freedom from medical coercion… … and more on today’s CrossPolitic Daily News Brief. My name is Toby Sumpter and today is Friday, July 22, 2022. FLF Conference Plug: Folks, our upcoming Fight Laugh Feast Conference is just 4-months away from happening in Knoxville TN, October 6-8! Don't miss beer & psalms, our amazing lineup of speakers which includes George Gilder, Jared Longshore, Pastor Wilson, Dr. Ben Merkle, Pastor Toby, and we can’t say yet…also dont miss our awesome vendors, meeting new friends, and stuff for the kids too…like jumpy castles and accidental infant baptisms! Also, did you know, you can save money, by signing up for a Club Membership. So, go to FightLaughFeast.com and sign up for a club membership and then register for the conference with that club discount. We can’t wait to fellowship, sing Psalms, and celebrate God’s goodness in Knoxville October 6-8. Sen. Blumenthal Thinks it’s Very important for congress to pass a bill guaranteeing access to drugs that prevent pregnancy. https://twitter.com/SenBlumenthal/status/1550216973199474688?s=20&t=atHLw9SjnQTHPyZrUIBPug 0:00-0:33 Meanwhile nations in Europe are already trying to incentivize couples to have more children because there is already a sansdemic, that is a growing population gap that is not replacing current population levels, leaving nations without workers. Turns out your need people to work and to provide, to have a thriving economy and nation. House votes to pass bill guaranteeing access to contraception https://www.cnn.com/2022/07/21/politics/contraception-access-house-vote/index.html?fbclid=IwAR2WKa07UvjlHP5qKWXPzgSm1ylUFA4JoREcolRudQTpD6e-nL7SviSLF1U The House voted Thursday to pass a bill that would guarantee access to contraception by protecting the right to buy and use contraceptives without government restriction. The final vote was 228-195. Eight Republicans crossed over to vote with Democrats. Reps. Liz Cheney of Wyoming, Nancy Mace of South Carolina, Fred Upton of Michigan, Anthony Gonzalez of Ohio, John Katko of New York, Brian Fitzpatrick of Pennsylvania, Maria Salazar of Florida and Adam Kinzinger of Illinois joined all the Democrats in voting for the bill. Two Republicans, Reps. Bob Gibbs of Ohio and Mike Kelly of Pennsylvania, voted present, meaning they took no position either way on the bill The vote falls among action House Democrats are trying to take following the Supreme Court's decision that overturned Roe v. Wade. In that decision, Justice Clarence Thomas wrote separately in a concurring opinion that the high court should reconsider "substantive due process precedents" in decisions, including Griswold v. Connecticut, that allows access to contraception. The Right to Contraception Act, introduced by Democratic Rep. Kathy Manning of North Carolina, aims to "protect a person's ability to access contraceptives and to engage in contraception, and to protect a health care provider's ability to provide contraceptives, contraception, and information related to contraception," according to text of the bill. We should note that the text of the bill also includes “emergency contraceptives” in its list of what is included. Historically “emergency contraceptives” has also included chemicals intending to prevent or disrupt implantation of a fertilized egg. It should also be pointed out that some forms of oral contraception also include this as an intended function. Why would we trust Margaret Sanger and her descendants to give us good medicine? The mindless embrace of birth control by Christians got us into this mess. The White House said it "strongly supports" the bill in a statement Monday, adding "access to contraception is essential to ensuring all people have control over personal decisions about their own health, lives, and families." And making sure that we don’t have enough people to work productive jobs to provide for their families. This on the heels of Earlier this week, the House passed a bill that would enshrine protections for same-sex marriage into federal law, with 47 Republicans joining Democrats voting in favor of the bill. It is unclear whether the bill can pass the Senate where at least 10 Republicans are needed to side with Democrats to overcome the filibuster's 60-vote threshold. Redballoon Not so long ago, the American dream was alive and well. Employees who worked hard were rewarded, and employers looked for people who could do the job, not for people who had the right political views. RedBalloon.work is a job site designed to get us back to what made American businesses successful: free speech, hard work, and having fun. If you are a free speech employer who wants to hire employees who focus on their work and not identity politics, then post a job on RedBalloon. If you are an employee who is being censored at work or is being forced to comply with the current zeitgeist, post your resume on RedBalloon and look for a new job. redballoon.work, the job site where free speech is still alive! www.redballoon.work New Electoral College Count Reform Proposal https://www.nationalreview.com/corner/a-promising-new-electoral-count-act-reform-proposal/ The proposal takes the form of two bills. The first is sponsored by nine Republican senators (Susan Collins, Shelley Moore Capito, Lindsey Graham, Lisa Murkowski, Rob Portman, Mitt Romney, Ben Sasse, Thom Tillis, and Todd Young) and seven Democratic senators (Joe Manchin, Ben Cardin, Chris Coons, Chris Murphy, Jeanne Shaheen, Kyrsten Sinema, and Mark Warner) and is focused on the Electoral Count Act itself. This bill clarifies that states must appoint presidential electors in accordance with the laws they each pass before election day and does away with the dangerously vague concept of a “failed election” in the original ECA. It requires that the governor of each state (or else another particular official specifically assigned this role by state law) be the person to certify the state’s slate of electors, to avoid the possibility of different officials sending different slates to Congress. It clarifies that the vice president’s role in counting electoral votes in Congress is purely ministerial and does not involve any sole decision-making authority. It raises the threshold for raising objections to a state’s electoral votes in Congress from one member of each house to one-fifth of the members of each house and narrows and clarifies the grounds for filing objections. And it allows for expedited federal judicial review of any challenges raised by a presidential candidate under already existing federal law to a state’s certification of its elections, but does not create any new right of action in federal court regarding state officials’ enforcement of state laws. Some Democrats wanted to go further, and give the federal courts more jurisdiction over the ways in which state officials enforce state election laws. This was a disastrously misguided idea, and it is very good that this proposal avoids any such path. This is a significant success for a number of Republicans who fought hard against that approach — particularly Ben Sasse and Mitt Romney. And it is the reason why I think this bill could get enough Republican votes to pass the Senate. The restraint shown in this proposal suggests this bipartisan group really wants to get these reforms enacted. The second bill, sponsored by most of the same senators as the first (with the exception of Republican senators Capito, Young, Sasse, and Graham) takes up some issues beyond the scope of the Electoral Count Act. It would increase the penalties for threatening election officials, improve the postal service’s procedures for handling mail-in ballots where those are allowed under state law, reauthorize the Election Assistance Commission, and increase the penalties for tampering with election records. These are modest reforms directed to modest problems, and the result is a bill that doesn’t do anything particularly important. If it’s necessary to get more Democrats to accept the restrained approach to ECA reform in the first bill, then I see no problem with it, and certainly some of what it proposes is worthwhile. Chaplains File Class Action Lawsuit Against DODhttps://uncoverdc.com/2022/07/21/vaccine-mandate-chaplains-file-class-action-lawsuit-against-dod/ Thirty-one military chaplains filed a class action lawsuit in May alleging the unconstitutional denial of religious accommodations relating to the vaccine mandate. The chaplains maintain they are protected by the First Amendment and the Religious Freedom Restoration Act (RFRA). Defendants in the case are the Department of Defense (DoD), several military branches, the Department of Health and Human Services, the FDA, and the CDC. The lawsuit provides a fulsome review of the blatant, concerning changes in definitions and procedural rules to achieve politically driven agendas and goals that seemingly ignore service members’ most basic constitutional rights. Plaintiffs argue that the vaccine mandate and the military’s “no accommodation directive” are unconstitutional. Military chaplains who fail to comply with the vaccine mandate face “threat of disciplinary action” and “punitive discharge,” violating their “express statutory rights to follow their conscience as formed by their faith.” Defendants in the case contend the “venue is not proper,” Plaintiffs’ claims “are not ripe or justiciable prior to exhaustion of military remedies” (some requests have not yet been adjudicated), and the vaccine is the best remedy for “the health and readiness” of the military forces. The 2013 National Defense Authorization Act (NDAA) lays out in Section 533—the right of chaplains to conduct themselves according to their conscience or religious faith. Section 533 allows a chaplain to reject performing any duty that violates their conscience without repercussion or penalty. As the footnote on page 5 of the lawsuit explains, the genesis of the 2013 NDAA amendment grew out of social policy changes in 2012 during the Obama administration concerning “the repeal of the military ban on homosexual behavior and the Supreme Court’s invalidation of the Defense of Marriage Act.” Chaplains at the time were concerned that they might have to perform wedding ceremonies that would violate their religious beliefs. Those protections were reinforced in both the 2016 and the 2018 NDAAs. Retired Army veteran Arthur A. Schulcz’s testimony filed on July 18, 2022, speaks poignantly to the difficulties of defining and implementing religious freedom policies in the military in recent years. He fought to properly define the role of chaplains in the military in December 2012, working with Congress in anticipation of amendments to the 2013 NDAA to “defend chaplains’ rights to authentically represent their faith to the military, especially in their speech.” He describes the discrimination many in the military have experienced over the years if they dared speak against the prevailing political agenda. The complaint states military chaplains are “unique military officers” because they are both commissioned officers and clergy. As such, they “raise unique statutory and constitutional religious liberty claims, in addition to the claims for systematic violations of service members’ RFRA and First Amendment rights that several courts have recently found Military Defendants likely committed.” The lawsuit states congressional authority concerning honoring and protecting military chaplains’ conscience and faith has been violated by the mandate. Chaplains are unique in their roles as service members because they are afforded additional First Amendment protections as a result of their clerical roles. It has to do with the potential violations of the First Amendment’s Establishment Clause. The Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” Psalm of the Day: St. Patrick’s Breastplate https://www.youtube.com/watch?v=1SXXz5k_F_I&list=PL1C638E88FCA83B7A&index=22 0:18-1:24 Amen! This is Toby Sumpter with CrossPolitic News. Remember you can always find the links to our news stories and these psalms at crosspolitic dot com – just click on the daily news brief and follow the links. Or find them on our App: just search “Fight Laugh Feast” in your favorite app store and never miss a show. If this content is helpful to you, would you please consider becoming a Fight Laugh Feast Club Member? We are building a cancel-proof news and media network with Christ at the center, and we can’t do it without your help. Join today and get a $100 discount at the Fight Laugh Feast conference in Knoxville, TN Oct. 6-8, and have a great day.

The EladPod: Live Town Halls with Elad Gross
EladPod 5.1: US Senate Candidate Spencer Toder and Former Agape Boarding School Student Robert Bucklin

The EladPod: Live Town Halls with Elad Gross

Play Episode Listen Later Jul 14, 2022 72:17


The United States Senate Primary Election for Missouri is on Tuesday, August 2. Spencer Toder is running in the Democratic Primary. He grew up in St. Louis and has been highly involved in the the business startup economy of the region. His campaign has focused on government transparency and accountability, investing in the economic engines of Missouri, and representational reforms. You can learn more about Spencer and his positions at https://spencertoder.com/ Robert Bucklin is an advocate to close Agape Boarding School after having been abused there. He is one of several Plaintiffs suing the school, and he has been persistently pushing Missouri government officials to close Agape.    Spencer and Robert brought some breaking news about their work on Agape Boarding School. You can follow Robert on Twitter at https://twitter.com/robertbucklin8.  The #EladPod​​​ is an online civic engagement town hall program designed to bring our government back to you. Hosted by Missouri civil rights and government transparency attorney Elad Gross. Learn more at http://www.eladgross.live​​​, subscribe on YouTube, and subscribe to the #EladPod​​​ wherever you get your podcasts.

The Nutrition Diva's Quick and Dirty Tips for Eating Well and Feeling Fabulous
The class action suit against Beyond Burger, explained

The Nutrition Diva's Quick and Dirty Tips for Eating Well and Feeling Fabulous

Play Episode Listen Later Jun 29, 2022 10:57 Very Popular


Plaintiffs have a beef about the protein claims being made by a leading vegan burger company.  Here's what they're upset about.Nutrition Diva is hosted by Monica Reinagel. A transcript is available at Simplecast.Have a nutrition question? Send an email to nutrition@quickanddirtytips.com or leave a voicemail at 443-961-6206.Find Nutrition Diva on Facebook and Twitter, or subscribe to the newsletter for more diet and nutrition tips.Nutrition Diva is a part of Quick and Dirty Tips.Links:https://www.quickanddirtytips.com/https://www.quickanddirtytips.com/nutrition-diva-newsletterhttps://www.facebook.com/QDTNutrition/https://twitter.com/NutritionDiva https://nutritionovereasy.com/ 

The Ricochet Audio Network Superfeed
The Learning Curve: Lead Plaintiff David Carson & IJ Attorney Arif Panju on Landmark SCOTUS Decision Carson v. Makin (#93)

The Ricochet Audio Network Superfeed

Play Episode Listen Later Jun 29, 2022 51:10


This week on “The Learning Curve,” co-hosts Gerard Robinson and Cara Candal talk with Arif Panju, a managing attorney with the Institute for Justice and co-counsel in the U.S. Supreme Court school choice case, Carson v. Makin; and David Carson, the lead plaintiff. Panju shares the key legal contours of Carson v. Makin and the potential impact of […]